What representation and warranty does Brightstar Care require regarding the content I transmit through the ABS?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.8.4 You represent and warrant that (a) the content, materials, messages and data you transmit through the ABS will not contain any material that violates any applicable law, rule or regulation or that infringes upon any common law or statutory right of any person or entity, including, without limitation, any proprietary, contract, moral, privacy or publicity right, copyright, patent, trademark, trade secret, or any other Third Party right; (b) the content, material, messages and data you transmit or make available through the ABS or email account(s) we or BrightStar Technology provides you do not and must not contain any material which is obscene, threatening, malicious, defamatory, libelous, slanderous, pornographic or which otherwise could expose us, BrightStar Technology or our respective affiliates to civil or criminal liability; (c) you will not create a false identity for the purpose of misleading others; (d) you will not harvest or otherwise collect information about others, including e-mail addresses; and (e) you will not use this service in connection with pyramid schemes, chain letters, junk e-mail, or spamming or engage in any other offensive or harassing conduct or conduct that interferes with our ability to manage our infrastructure or provide services to other franchisees.
We have the right to limit the manner in which any portion of our facilities is used to protect the technical integrity of our infrastructure.
We may terminate or suspend services if we deem such action necessary to safeguard our infrastructure.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, as a franchisee, you must represent and warrant that the content, materials, messages, and data you transmit through the Athena Business System (ABS) meet specific criteria. This means you are legally guaranteeing that your transmissions will adhere to certain standards and not infringe upon the rights of others or violate any laws.
Specifically, Brightstar Care requires that your transmissions do not contain material that violates any applicable law, rule, or regulation. Additionally, your transmissions must not infringe upon any common law or statutory right of any person or entity, including proprietary, contract, moral, privacy, or publicity rights, copyrights, patents, trademarks, or trade secrets. The content you transmit or make available through the ABS or email accounts provided by BrightStar Technology must not be obscene, threatening, malicious, defamatory, libelous, slanderous, or pornographic, and it must not expose Brightstar Care, BrightStar Technology, or their affiliates to civil or criminal liability.
Furthermore, you must not create a false identity to mislead others or collect information about others, including email addresses. You are also prohibited from using the ABS in connection with pyramid schemes, chain letters, junk email, or spamming, or engaging in any offensive or harassing conduct that interferes with Brightstar Care's ability to manage its infrastructure or provide services to other franchisees. Brightstar Care retains the right to limit the use of its facilities to protect the technical integrity of its infrastructure and may terminate or suspend services if necessary to safeguard its infrastructure. These stipulations ensure that franchisees use the ABS responsibly and legally, protecting both the brand and other franchisees within the Brightstar Care system.