Is the authorization to access and use the Epcon Communities Intranet transferable?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Limited License. The authorization to access and use the Epcon Communities Intranet that is granted to you in this Agreement is limited to your internal use in your ordinary course of business as a franchisee of Epcon Communities. This authorization is non-transferable and non-exclusive, is for use only by you and your employees, and only in accordance with this Agreement and any Epcon Communities Intranet policies provided to you or available on-line from time to time.
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- Definitions. For purposes of this Agreement, the following definitions shall apply:
- a) Epcon Communities means Epcon Communities Franchising, LLC, an Ohio limited liability company.
- b) Web Site. The Web Site means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, video, graphics and other information and technology in Epcon Communities' World Wide Web Site located at www.epconconnect.com and/or at epcon.smarteru.com.
- c) Databases. The Databases include all information accessible from Epcon Communities through the Web Site, which may include, but is not limited to, technical and other specifications, sales, marketing and training materials, online training modules and related documents, online libraries of manuals, articles and sample documents, pricing, advice, and other data and information. All data and information available in the Databases is proprietary, confidential and the sole property of Epcon Communities (or of third parties licensing such information to Epcon Communities) and contain copyrighted and patented material.
- d) The Epcon Communities Intranet means, collectively, the Web Site and related services accessed through the Web Site, including its Databases and a bulletin board service, as well as any other services which may be added from time to time.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the authorization granted to a franchisee to access and use the Epcon Communities Intranet is not transferable. This authorization is specifically for the franchisee's internal use in their ordinary course of business.
This means that the franchisee cannot transfer their access rights to another party, such as a subsidiary, affiliate, or any other business entity. The authorization is non-exclusive, meaning Epcon Communities can grant similar access to other franchisees or users. Access is limited to the franchisee and their employees and must be used in accordance with the franchise agreement and any Epcon Communities Intranet policies.
The Epcon Communities Intranet includes the website located at www.epconconnect.com and epcon.smarteru.com, along with related services, databases, and bulletin board services. These databases contain proprietary information, including technical specifications, sales, marketing, and training materials, which are confidential and the sole property of Epcon Communities. Franchisees and their authorized users must use valid access codes to enter secure areas of the website, and they are responsible for maintaining the security of these access codes.
This restriction on transferability is typical in franchising, as franchisors want to maintain control over who accesses their proprietary information and systems. By preventing the transfer of access rights, Epcon Communities can ensure that only authorized individuals are using the Intranet and that the information contained within it remains secure and confidential. This also allows Epcon Communities to monitor and control the use of the Intranet to ensure compliance with the franchise agreement and other policies.