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Terms of service

FranShares, Inc.

Last Updated on January 9th, 2025

TERMS OF USE

FranShares.com (the “Site”) is a website operated by FranShares, Inc. (“FranShares”, “we,” “us,” or “our”).  The Site is an intermediary technology platform that provides prospective investors with the opportunity to earn passive income from various types of fractional franchise ownership.  These Terms of Use (“Terms”) set forth the legally binding terms and conditions for your use of services provided by FranShares, as well as services provided by our affiliates and subsidiaries, our Site, our mobile app and/or other platform(s) (collectively, the “Services”, as further defined below in Section 3).  SECTION 15 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS.  PLEASE REVIEW THESE TERMS CAREFULLY.  If you do not agree to these Terms, you may not use the Site or the Services.

  1. Eligibility and Acceptance of Terms

Eligibility.  The Site and the Services are intended only for residents of the United States and Canada that are at least eighteen (18) years old.  FranShares facilitates a variety of types of investment opportunities, including but not limited to opportunities issued in accordance with the Jumpstart Our Business Startups (“JOBS”) Act, opportunities made under Regulation D of the Securities Act of 1933 (“Securities Act”), opportunities that are available to utilize broker-dealers, and offers that neither use broker-dealers nor are regulated or under the JOBS Act or the Securities Act.  Please note that additional eligibility requirements (including but not limited to the submission of information and documentation for due diligence and/or the qualification as an “accredited investor” as defined by Rule 501 of Regulation D of the Securities Act) may exist on an investment opportunity-by-opportunity basis.  Such additional eligibility requirements will be contained in the corresponding investment opportunity details.

Acceptance of Terms.  The Site and the Services are offered subject to acceptance of all of the terms contained in these Terms, including the Privacy Policy and all other operating rules, policies, and procedures that may be published (or otherwise made available) by FranShares, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you or liability for such change.  Your use of the Site or the Services constitutes your consent to these Terms (including the Privacy Policy).  You are advised to periodically review the Site for any changes and/or contact your legal advisor with any questions.

You understand and acknowledge that your use of the Site and/or the Services may be subject to third-party terms and conditions, including terms of use and privacy policies of third-party providers and third-party platforms.

You represent, warrant, covenant, and agree that by accessing, using, visiting, registering, or continuing to access or use the Site or the Services (including your use of and submission to any third-party platforms or sites related to the Site or the Services), in any manner:  (a) you are at least 18 years old and have the right, authority and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; (b) you agree to and accept (and understand and acknowledge that you will be bound by) these Terms, including our Privacy Policy; (c) all information you provide (including but not limited to information that you provide to FranShares, through the Site, or to a third-party provider or platform) is accurate, complete, and truthful; (d) you are and will remain in compliance with all third-party terms and conditions; and (e) you consent to receive communications from us electronically, and agree that such electronic communications, notices and/or postings satisfy any legal requirements that such communications be in writing.

  1. Modification of Terms

We reserve the right, at our sole discretion, to modify and/or change these Terms, and to add new or additional terms or conditions on your use of the Services, without notice, at any time. We will notify you of material changes by sending notice to the primary email address specified in your account or by a prominant notice on our website.  Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. It is your responsibility to check the Terms periodically for changes.  Your continued use of the Site and/or the Services following the posting of any modifications of, or addition to, the Terms constitutes acceptance of those changes.

  1. Services and Investor Requirements

As initially described in Section 1 Eligibility, FranShares facilitates a variety of types of investment opportunities, including but not limited to opportunities issued in accordance with the JOBS Act, opportunities made under Regulation D of the Securities Act, opportunities that allow users to trade (buy and cell) certain interests that were originally sold through the Services (“Secondary Trading”), opportunities that utilize broker-dealers (either through, with, or related to broker-dealers), and offers that neither use broker-dealers nor are regulated or under the JOBS Act or the Securities Act (collectively referred to herein as “Services”).  The Services may differ on a case-by-case, deal-by-deal, basis and all details regarding the opportunities at issue (including but not limited to type of opportunity, whether or not a broker-dealer is utilized, the investor requirements, and the corresponding criteria) will be contained in, and provided to you at, the opportunity level. Before you can invest in any of the investment opportunities on the Site (or otherwise participate in the Services), you may be required to complete, or otherwise qualify by completing, additional eligibility requirements, including but not limited to: (a) qualification as either an “accredited investor” as defined by Rule 501 of Regulation D under the Securities Act; (b) submission of various information to validate your identity and/or satisfy certain “know your customer” requirements; and (c)  provision of various representations and warranties related to your status and activities as an investor.  Such additional eligibility requirements, if any, will be contained in corresponding investment opportunity details.  Finally, by participating in any Secondary Trading, you acknowledge that (i) all transactions will be executed only by the Broker-Dealer; (ii) FranShares will not execute transactions or receive, transfer or hold funds or securities as an incident of operating Secondary Trading; and (iii) the availability of Secondary Trading may not provide an active market for resales of interests.

  1. Disclaimer Regarding Investments and Related Content for Alternative Assets

Disclaimer.  Nothing contained in the Services, including, without limitation, cefined below), constitutes investment, financial, accounting, tax or legal advice or should be considered an offer, solicitation of an offer or advice to buy or sell securities. Any decisions based on the information contained in the Services are the sole responsibility of the user of the Services. The securities made available through or discussed on the Services, representing interests in various alternative assets, may not be suitable for all investors. FranShares makes no representations that such securities are available to or appropriate for investors or users in all jurisdictions or locations, nor that any investment vehicle is available or suitable for any particular user or purpose. All users accessing the Services do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

General Risks. Investing involves risk, including market risks and macro conditions such as inflation and political and economic risk, and investments may lose value. Before investing, consider your investment objectives, financial resources, experience and risk tolerance and fees related to investing through the Services. Past performance does not guarantee future results. Investment outcomes and projections are hypothetical in nature and cannot be guaranteed. Investing in alternative assets, and in securities representing interests in alternative assets, involves higher risks than traditional investments and may have different financial and/or tax implications.

Representations & Warranties.  By using the Services, you represent and warrant that, with respect to making, or the decision to make, an investment in any security made available on or through the Services: (a) You have read and understand the discussion of risks herein, and are aware of the risks of any investment in alternative assets or securities representing interests in alternative assets; (b) You will use your own judgment before making any decision to invest any amount of money in any security made available through the Services; (c) You are solely responsible for complying with applicable law regarding any transaction, including, without limitation, the determination of whether any investment complies with the terms of local law (whether the law of a U.S. state, or the law of any foreign government with jurisdiction over you); (d) You will obtain professional advice as is appropriate to protect your interests, including any legal, accounting, financial or other relevant advice; (e) You understand that FranShares is not acting as an investment advisor or similar in relation to securities made available through the Services, providing any advice related to such securities and is not, and will not be, in any way responsible for the success or failure of any investments made through the Services; and (f) You are not relying upon any person or entity other than the underlying issuer of an investment.

  1. License; Accessing the Services. 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site and the Services for your personal, noncommercial use. We reserve the right to terminate or limit your access to the Site and/or the Services (including the licenses granted herein) for any reason, at any time, in our sole discretion.  You agree not to modify, damage, disrupt, disable, overburden, impair, alter, or interfere with the use, features, function, operation, security or maintenance of the Site or of the rights or use of the Site by any other person or entity in any manner.

  1. Third-Party Content

Third-Party Sites.  The Site may contain links to third-party websites (“Third-Party Sites”). These links are provided only as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by FranShares of any information, materials, products, or services contained in or accessible through any Third-Party Site.  In no event shall FranShares be responsible for either (a) the information contained on any Third-Party Sites or (b) your use of, or inability to use any, Third-Party Sites. You understand, acknowledge, and agree that FranShares shall not be liable or responsible, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK AND DISCRETION.  Your access and use of the Third-Party Sites are governed by the Terms of Use and Privacy Policies of these Third-Party Sites (or third-party provider). We strongly encourage you to carefully review the Terms of Use and the Privacy Policies of any Third Party Services from which you access through our Site.

Third-Party Applications.  To access the Site and/or the Services you may be required or recommended to download or utilize certain services, applications, extensions, passes or widgets (“Third-Party Applications”) that you may be required to download or receive from third-party application stores (e.g., the Apple App Store or Google Play). Such Third-Party Applications may be provided directly by FranShares on the Site or you may be required to procure and download on your own.  In no event shall FranShares be responsible for either (a) the information contained on any Third-Party Applications or (b) your use of, or inability to use any, Third-Party Applications. You understand, acknowledge, and agree that FranShares shall not be liable or responsible, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. YOU AGREE THAT ACCESS AND USE OF THIRD-PARTY APPLICATIONS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY APPLICATIONS OR AVAILABLE THROUGH THIRD-PARTY APPLICATIONS, IS SOLELY AT YOUR OWN RISK AND DISCRETIONYour access and use of the Third-Party Applications are governed by the terms of use and privacy policies of these Third-Party Applications (or third-party providers).  We strongly encourage you to carefully review the terms of use and/or the privacy policies of any Third-Party Applications from which you access through our Site. 

Other Third-Party Content.  Certain portions of the Site may contain additional third party content, including but not limited to text, images, photos, audio, video, location data, materials, copy, advertisements, claims, user-generated content, or other information (collectively “Third Party Content”). FranShares does not control, endorse, investigate, or adopt any Third-Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that FranShares is not responsible or liable in any manner for any Third-Party Content or your reliance upon Third Party Content. Users utilize such Third-Party Content at their own risk.

  1. Intellectual Property

Ownership.  We own the Site, Services and all of our trademarks, logos, branding and any other Content that we create in connection with the Services or Site (“ FranShares Content ”), including, without limitation, current and future proprietary rights of every kind and nature, however denominated throughout the world, registered or unregistered, associated with such FranShares Content and the Services (collectively, “ FranShares IP ”). Except as expressly provided herein, we do not grant you any express or implied rights, and all rights in and to the FranShares IP are retained by us. We are not responsible or liable to any third party for the content or accuracy of any materials shared by you or any other user through the Services. 

Feedback. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@franshares.com. By sending us any ideas, suggestions, documents and/or proposals (“ Feedback”), you agree that: (a) the Feedback does not contain the confidential or proprietary information of third parties; (b) the Feedback does not violate or otherwise infringe on any third-party rights, including intellectual property or other rights; (c)  we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (d) we may have something similar to the Feedback already under consideration or in development that is owned by us; and (e) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and/or sublicense the Feedback, and you irrevocably waive, and agree to cause to be waived, against FranShares and its users any claims and assertions of any moral rights contained in such Feedback.

  1. Site Specifics

No guarantee of service. Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove and/or disable access to any Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for the discontinuance, modification, suspension or removal of, or disabling of access to, any such Service at any time and/or for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or all Services, to registered users.

Account Registration. Some or all of the Services, and certain features or functionalities, may require that you register for an account with us. When you do, we may ask you to provide certain registration details, such as your email address or other information about yourself. In the event FranShares provides the option to register for the Services through your account on a third-party platform (such as Facebook or Google), you authorize FranShares to access such account as permitted under the applicable terms and conditions that govern your use of such account (including accessing and using your account credentials and other information shared from the third-party platform account as authorized by you). All such information is subject to our Privacy Policy . You agree that the information that you provide us about yourself upon registration is true, accurate, current and complete. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself; permit anyone else to use your account; or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any or no reason.

Account Security. Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or that there is, was, may be or may have been any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information

  1. Prohibited Uses

You may use the Site and the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct. You agree not to, and will not assist, encourage or enable others  to use the Site or the Services:  

  • For any commercial purpose, except as expressly permitted under these Terms; 
  • In a manner that is defamatory, abusive, threatening, offensive, an invasion of a right of privacy of another person or could otherwise be reasonably expected to harm any person or entity; 
  • To violate any applicable national, regional, federal, state, local or international law or regulation, or to encourage any such violation or any illegal activity; 
  • To create, send, knowingly receive, display, transmit, use or reuse any material which: (1) Infringes any patent, trademark, trade secret, copyright or other intellectual property right(s) of any other person; (2) Violates, or assists in the violation of, the legal rights (including the rights of publicity and privacy) of others or contains 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 or our Privacy Policy ; or (3) Is likely to deceive or confuse any person;
  • To violate these Terms or any other rules or policies posted by us on our website or otherwise provided to you;
  • To transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; or
  • To violate the security of any computer network or crack passwords or security encryption codes;
  • To Reverse engineer, decompile, reverse assemble or perform any other operation on or with the Services that would reveal any source code, trade secrets, know-how or other proprietary information;
  • To Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services, except as expressly authorized by FranShares;
  • To Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
  • To record, process, harvest, collect or mine information about other users;
  • To access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database;
  • To use any robot, spider or other automatic device, process or means to access the Services for any purpose;
  • To remove, circumvent, disable, damage or otherwise interfere with any security-related features or other restrictions of the Services;
  • To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
  • To attack the Services via a denial-of-service, distributed denial-of-service or other form of attack; and/or
  • To otherwise attempt to interfere with the proper working of the Services.
  1. Disclaimer; No Warranties

THE SITE, SERVICES AND ALL MATERIALS, INFORMATION, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FRANSHARES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR SERVICES AND ALL MATERIALS, INFORMATION, AND CONTENT AVAILABLE THROUGH THEM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FRANSHARES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE WEBSITE, SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THEM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FRANSHARES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, SERVICES OR FRANSHARES OR ANY MATERIALS, OR CONTENT AVAILABLE THROUGH FRANSHARES WILL CREATE ANY WARRANTY REGARDING FRANSHARES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITE OR SERVICES AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AND SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE OR SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

FRANSHARES MAKES NO WARRANTY OR REPRESENTATION AS TO ANY SPONSOR’S OR ISSUER’S COMPLIANCE WITH THE INVESTMENT COMPANY ACT, THE INVESTMENT ADVISERS ACT, OR THE SECURITIES ACT, OR ANY OTHER LAW, RULE, OR REGULATION. YOU UNDERSTAND AND AGREE THAT YOU, AND NOT FRANSHARES, BEAR THE RISK FOR ANY LOSSES THAT DERIVE FROM THE ILLEGALITY OR NONCOMPLIANCE OF A SPONSOR OR ISSUER’S INVESTMENT OPPORTUNITIES.

YOU ARE SOLELY RESPONSIBLE FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE SERVICE.  FRANSHARES SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS MADE BY YOU OR FOR ANY LOSS BASED ON THOSE DECISIONS.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Indemnification

To the fullest extent permitted by law, You agree to indemnify, defend, and hold harmless FranShares and its subsidiaries, affiliates and licensors and their respective owners, managers, officers, directors, members, shareholders, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and/or fees (including reasonable attorneys’ fees) (each a “Claim”, collectively “Claims”) resulting from: (a) your breach, violation, or non-compliance with any of these Terms; (b) your use or access of the Site or the Services; (c) your violation of any third-party right, including, without limitation, any intellectual property right or right of publicity; (d) any claim that your use of the Services caused damage to a third party; or (e) from any decision that you make based on or through, as applicable, the Site, Services, or any other investment vehicle made available via the Services.  FranShares reverses the right to assume, at its sole expense, the exclusive defense and control of any such Claim and all negotiations for settlement or compromise, and you agree to fully cooperate with FranShares in the defense of any such claim, action, settlement or compromise negotiations, as required by FranShares. 

  1. Limitation of Liability

YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FranShares OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT FranShares HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100.00). IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Digital Millennium Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright’s owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately.  To be effective, the notification must include: (a) a physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party; (b) Identification of the copyrights(s) claimed to have been infringed; (c) information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted; (d) identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials; (e) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.§ 512(c) (“DMCA”), FranShares’s Designated Agent for notice of claims of copyright infringement can be contacted as follows:

Designated Agent for Claimed Infringement

FranShares, Inc.

Postal Address:  405 W Superior Street, #93, Chicago, IL 60654

E-mail address:  support@franshares.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Please note that this procedure is exclusively for notifying FranShares and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 

  1. Consent to Electronic Transactions and Disclosures

Because FranShares business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to FranShares sending you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements (specifically including any IRS Forms, including Form 1099 and Form K-1) arising from or relating to your use of the Site and Service, including any securities you have purchased, your use of this Service, and the voting of any securities you have purchased as an Investor in any offering made available through the Site or Service (each, a “Disclosure”), whether we are acting in the capacity as issuer, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications. Any Disclosures will be provided to you electronically from FranShares either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your use of the Site serves as your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and FranShares. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, such consent to receive Disclosures electronically will continue until such time as all Disclosures relevant to transactions that occurred while you were a User have been made. Specifically, you consent to electronic delivery of any reports, communications or other information that may be requested by you or required to be delivered by us under any Investment Agreement, or pursuant to applicable law, rule or regulation. Communications shall be deemed delivered to you whether you actually receive or access them.

By consenting to the electronic delivery of all information that may legally be provided by electronic consent, you authorize us to deliver all communications to you by the following means: (1) by email at the email address specified by you; (2) by posting the communication on the Company’s websites or other sites on the Internet where the communication can be read and printed; (3) by sending you an email that includes a hyperlink to the websites or an address on the Internet where the information is posted, and can be read and printed; and (4) by sending you a notice that directs you to an address on the Internet or a place within the websites where the communication is posted and from which it can be read and printed. Such delivery will be an effective delivery to you for the purpose of any applicable law, whether or not you access or review the communication. Although you consent to electronic delivery, we may elect to deliver communications by other means, which shall not affect your consent. You agree to notify us of any change in your address.

TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Withdrawing Consent. You may not withdraw such electronic consent so long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw your consent to doing business electronically, we will terminate your registered user account with us.

  1. Dispute Resolution

Governing Law. These Terms, and the license granted herein, shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware. Your use of the Services may also be subject to other local, state, national or international laws.

Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FranShares. For any dispute with FranShares, you agree to first contact us at support@franshares.com and attempt to resolve the dispute with us informally. In the unlikely event that FranShares has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of, in connection with or relating to these Terms, or the breach or alleged breach hereof (collectively, “ Claims ”), by binding arbitration by JAMS, under the “Optional Expedited Arbitration Procedures” then in effect for JAMS, except as provided herein. JAMS may be contacted using the information provided at https://www.jamsadr.com/ . The arbitration will be conducted in the state of Delaware, unless you and FranShares agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and/or arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing FranShares from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of our data security, intellectual property rights or other proprietary rights.

CLASS ACTION & JURY TRIAL WAIVERS. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRANSHARES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  1. General Disclosures

FranShares does not give or offer any business, investment, tax or legal advice to anyone using the Site or Services.  The Services provided by FranShares are defined herein, and additional details are contained in the investment opportunity details.

FranShares does not make investment recommendations, and no communication through the Site or in any other medium should be construed as such. Investment opportunities posted on the Site are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. Private placement investments are NOT bank deposits (and thus NOT insured by the FDIC or by any other federal governmental agency), are NOT guaranteed by FranShares, and MAY lose value. Investors must be able to afford the loss of their entire investment.

FranShares may share additional general disclosures (including but not limited to disclosures related to FransShares investments, partnerships, related parties, involvement of subsidiaries and affiliates, and sponsorships) on a case-by-case, opportunity-by-opportunity basis.  You understand and acknowledge that such additional disclosures, if applicable, will be contained, and provided to you, in the specific investment opportunity details, on a case-by-case basis, as applicable.

  1. General Terms
  • Suspension; Termination. FranShares may at any time, in its sole discretion and without prior notice to you:  (i) prohibit or restrict your access to the use of the Website or Services; (ii) restrict your ability to engage in one or more investment transactions; and/or (iii) terminate your accounts.  The closing of your accounts will not affect the rights or obligations of either party that are incurred prior to the date your Investment Account is closed.
  • Entire Agreement.  These Terms, any attachments, disclosures, agreements, and policies referred to in the Terms constitutes the sole and entire agreement between you and FranShares with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 
  • No Waiver.  No waiver of these Terms by FranShares shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of FranShares 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 of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 
  • Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. 
  • Enforcement.  You hereby grant FranShares the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. 
  • Account Compromise.  In the event of loss or theft of any device on which the Services linked to your account is installed or connected, or you otherwise learn that your account is compromised, you shall notify us immediately by contacting us at support@franshares.com.
  • Contact Us . We welcome your questions and comments about these Terms. Please contact us via email at support@franshares.com.

 

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