Does Epcon Communities have the right to access a franchisee's content and databases to resolve technical problems?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Modification of the Web Site, Databases or Agreement. Epcon Communities may elect to update, modify, change or terminate all or any part of the functionality available through the Databases or Web Site, including modification or termination of any services provided, including the Epcon Communities Intranet itself. In addition, Epcon Communities may modify this Agreement from time to time by amendments or modifications provided to you through on-line notice on the Web Site, by email to the email address you have provided to us, or by regular mail or facsimile transmission. You agree that access to the Databases or Web Site after you have, or should have received, notice of modifications or amendments to this Agreement will constitute acceptance of all such modifications or amendments.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, Epcon Communities grants franchisees access to the Epcon Communities Intranet, which includes a website, online training modules, and a bulletin board service. The purpose of this Intranet is to facilitate communication and provide technical information and assistance. As an Intranet user, franchisees can access information and contribute by uploading content and participating in communications. However, Epcon Communities retains certain rights regarding the Intranet and its content. Specifically, Epcon Communities may update, modify, change, or terminate all or any part of the functionality available through the Databases or Web Site, including modification or termination of any services provided, including the Epcon Communities Intranet itself.
Epcon Communities may modify the Non-Disclosure and On-Line Information Access Agreement from time to time by providing notice through the website, email, regular mail, or facsimile transmission. Continued access to the Databases or Web Site after receiving notice of modifications constitutes acceptance of those changes. While the FDD states that the Intranet is a means for receiving technical information and assistance from Epcon Communities, the document does not explicitly state that Epcon Communities has the right to access a franchisee's content and databases to resolve technical problems.
However, Epcon Communities does state that they may terminate a franchisee's access to the Web Site and Databases at any time, with or without notice for any reason. Additionally, Epcon Communities disclaims any warranty regarding database accuracy or the absence of errors and omissions, placing the responsibility on the franchisee to evaluate the accuracy, completeness, and usefulness of the information contained within the Databases and the Web Site. Prospective franchisees should seek clarification from Epcon Communities regarding their specific rights to access and modify franchisee content for technical support or other purposes.