Terms of Use

1. Who may use the Sites

You must be at least 18 years old to use the Sites. If you use the Sites on behalf of a business, you confirm that you are authorized to accept these Terms for that business.

2. No offer of a franchise

Information on the Sites about the ACFN franchise is for general information only. It is not an offer to sell, or a solicitation of an offer to buy, a franchise. An offer can be made only through our Franchise Disclosure Document (“FDD”), and in states that require registration or filing, only after the FDD has been registered or filed with the appropriate state agency or an exemption applies.

Nothing on the Sites forms part of the FDD or of any franchise agreement. Any franchise relationship is governed only by a written franchise agreement signed by you and ACFN. Our Franchise Disclosure Notice contains further state-specific information.

3. Figures, testimonials and results

The Sites include figures about ACFN as a company and network, such as years in business, number of franchisees and locations, ATMs placed, and total cash dispensed. These figures describe the ACFN system as a whole. They are not a representation of the sales, income or profit that any franchisee or location will achieve.

If ACFN makes any financial performance representation, it appears only in Item 19 of our FDD. Results vary between franchisees and locations and depend on many factors, including location, foot traffic, effort and local market conditions. Testimonials and stories on the Sites reflect the individual experiences of the people quoted and are not a guarantee or prediction of your results. Before investing, review the FDD carefully, speak with current and former franchisees, and consult your own legal and financial advisers.

4. Territory check, live counters and other tools

Check My Area. The territory check gives a preliminary indication only. It does not reserve, grant or guarantee any territory. A territory is granted only under a signed franchise agreement, and availability can change at any time.

Live figures. Counters such as “Dispensed to Date” are estimates. They start from historical totals and advance at a historical average rate; they are not audited, real-time transaction data.

Maps and examples. Maps, photographs and illustrations show the ACFN network and typical venues. They may be simplified and do not show every location.

5. ATM placement services

Information about our ATM placement program, equipment and additional products, such as cash recycling and fully managed solutions, is general. Equipment models, features, surcharge and revenue arrangements, installation timelines and eligibility for no-cost placement depend on the location and are confirmed only in a written agreement. A quote is not binding until both parties sign an agreement. Products, features and availability may change without notice.

6. Communications

When you submit a form, you agree that ACFN may contact you about your inquiry as described on that form, in our Privacy Policy and in our Text Message Terms. You can opt out of marketing messages at any time.

7. Intellectual property

The Sites and their content, including text, graphics, photographs, video, the ACFN name, logo and laurel mark, and the design of the Sites, are owned by or licensed to ACFN and are protected by copyright, trademark and other laws. You may view and print pages for your own non-commercial use, such as evaluating a franchise or placement. You may not copy, modify, distribute, republish or create derivative works from the content without our written permission.

Other company names and logos shown on the Sites, such as those of hotel brands and other businesses that host ATMs or have worked with ACFN, belong to their owners. Their appearance does not mean that those companies endorse the ACFN franchise opportunity.

8. Acceptable use

You agree not to:

• Provide false information, or submit another person's information without their permission.
• Use the Sites for any unlawful purpose or in violation of these Terms.
• Scrape, harvest or copy content or data from the Sites by automated means.
• Probe, scan or test the security of the Sites, or interfere with their operation, including by introducing malware or overloading our servers.
• Attempt to access accounts, administrative areas or data that are not intended for you.
• Use the Sites or their content to build a competing product or service.

9. Information and feedback you send us

You are responsible for the accuracy of the information you submit. If you send us ideas or suggestions about our business or the Sites, you agree that we may use them without any obligation to you.

10. Third-party links and services

The Sites may link to, or embed, websites and services that we do not control, such as video players, maps and social networks. We are not responsible for their content, terms or privacy practices.

11. Disclaimers

THE SITES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ACFN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

We try to keep the information on the Sites accurate and current, but it may contain errors or become out of date. The Sites do not provide legal, tax, investment or financial advice.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACFN AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SITES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. These limits do not affect any rights under a signed franchise or placement agreement, which is governed by its own terms.

13. Indemnification

You agree to indemnify and hold ACFN harmless from claims, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the Sites or your breach of these Terms.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days. Any claim that is not resolved will be brought only in the state or federal courts located in Santa Clara County, California, and you consent to their jurisdiction. Disputes under a franchise agreement or placement agreement are governed by the dispute terms of that agreement.

15. General terms

We may change these Terms by posting a revised version on the Sites; the effective date shows when they last changed, and continued use of the Sites means you accept the changes. We may suspend or end access to the Sites at any time. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms and the documents they refer to are the entire agreement between you and ACFN about the Sites.

Notice to California users. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.