Terms of service
Welcome to BizSaleByOwner, LLC (“we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.bizsalebyowner.com and our mobile application BizSaleByOwner (collectively or individually “Service”) operated by BizSaleByOwner, LLC.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing us at firstname.lastname@example.org so we can try to find a solution. The Agreements apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
Further, by Registering as a Service Provider, you can set you own fee for any job, and you acknowledge that Business Sellers or Business Buyers are responsible for paying any fee. Accordingly, you agree to hold us harmless form any claim related to any unpaid fees and acknowledge and understand that any claim you may have for any unpaid fees are only against the Business Buyer and/or Business Seller for whom you have agreed to perform services. Additionally, you agree to pay us our then current Service Provider Fee and understand and acknowledge that failing to renew your Service Provider Account and pay the Service Provider Fee will terminate your access to your Account and all communications within our Service.
Further, by Registering as a Business Seller, you agree that you are responsible for paying all Service Providers for the jobs you contract them to perform and that you owe us ten (10%) of any the fee for any job that a Service Provider performs on your behalf as consideration for us connecting you with the Service Provider and providing you a platform on which to sell your business.
Further, by Registering as a Business Buyer, you agree that you are responsible for paying all Service Providers for the jobs you contract them to perform and that you owe us ten (10%) of any the fee for any job that a Service Provider performs on your behalf as consideration for us connecting you with the Service Provider and providing you a platform on which to search and find businesses available to purchase. Additionally, you agree to pay us our then current annual subscription fee and understand and acknowledge that failing to renew your subscription will terminate your access to your Account on your subscription’s expiration date.
Off Service Transactions Prohibited; Damages
By creating an Account on our Service as an Advisor (including but not limited to an Account as an accountant, analyst, attorney, business appraiser, business broker, commercial realtor, due diligence consultant, equipment appraiser, exit planner/coach, insurance agent, investment banker, lender, liquidator, prospectus author, real estate appraiser, website opportunity/lead processor, or any other type of advisor), Business Seller or Business Buyer (collectively “Service User”), you represent and warrant that any contract you sign with any other Service User which arose in any part because of our Service is a contract, transaction or service, whether or you not you execute the contract through our Service and whether or not you or the other Service User or associated entity involved in the contract, transaction or service are still a System User or subscriber to our Service, for which we should have received a fee for the contract, transaction or service you provided, In the event you do not report such a contract, transaction or service to us within seven days of signing the contract, completing the transaction or seven days of collecting a fee for a service or closing a transaction and pay us the amount we should have been paid if you had used the Service, you shall owe us the fee we would have received if you had not breached the Agreements for the contract, transaction or service, plus 18% interest per year from the date you receive payment (or the highest percentage of interest allowable by law in your jurisdiction). Further, we reserve the right to terminate any Service User and ban any System User from our Service who solicits another Service User to complete any contract, service, or transaction outside of our Service or performs any contract, transaction or service outside of our Service that should have been completed using our Service. We reserve the right to seek punitive and consequential damages for any violation of this policy in addition to the damages and interest outlined above.
Finally by creating an Account on our Service and accepting these Terms, you grant us the right to review your financial records concerning any business that you list on our site, any job you create on our site, any purchase by you of a business that is or was listed on our site while you were a Service User, or any other transaction (consummated or planned) that involves other Service Users which we have reason to believe should have been started or completed using our Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at email@example.com.
If you wish to purchase any product or service made available through Service (“Purchase” or “Purchases”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping information, and any other information we deem necessary to fulfill your Purchase.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: (i) product or service availability; (ii) error(s) in the description or price of the product or service; (iii) error(s) in your Purchase; or (iv) other reasons we decide in our reasonable judgment justify refusing or cancelling your Purchase.
We reserve the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (individually “Promotion” or collectively “Promotions”) made available through the Service may be governed by rules that are separate from the Agreements. If you participate in any Promotions, please review the applicable rules for the Promotion. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules shall apply.
Some parts of Service are billed on a subscription basis (individually “Subscription” or collectively “Subscriptions”). You will be billed in advance on a recurring and periodic basis (individually “Billing Cycle” or collectively “Billing Cycles”). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription when it is time for renewal either through your online account management page or by contacting us at firstname.lastname@example.org.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and all required valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment method.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain due date, with the full payment corresponding to the Billing Cycle as indicated on the invoice. We will also request new payment information as detailed in this Section to update your automatic billing information. You agree to provide the new payment information as required by this Section.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial.
If you are required to enter your billing information when signing up for Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Free Trial Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected and will be billed as scheduled in accordance with your selected Billing Cycle.
At any time and without notice, we reserve the right to (i) modify Terms of Service of any Free Trial offer or (ii) cancel any Free Trial offer.
We, in our sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount in accordance with your Billing Cycle.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) you own the Content and/or you have the right to use the Content; (ii) you have the right to grant us a the right and a license to use the Content and that you do grant us the right and a license to use the Content as provided in these Terms, and (iii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, licenses, trademarks, copyrights, contract rights or any other rights of any person or entity (collectively “Intellectual Property Rights”). We reserve the right to terminate the account of anyone found to be infringing on any Intellectual Property Rights.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
We have the right, but not the obligation, to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of us or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You may use our Service only for lawful purposes and in accordance with the Agreements. You agree not to use Service:
- In any way that violates any applicable local, state, national, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us, any of our employees, users of Service, or any other person or entity or expose any of the aforementioned to liability.
Additionally, you agree not to:
- Use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party’s use of our Service, including their ability to engage in real time activities through our Service.
- Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.
- Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to our Service.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.
- Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify our rating or the rating of any other use of our Service.
- Otherwise attempt to interfere with the proper working of our Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by all of the terms and conditions of the Agreements. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Purchases in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain our exclusive property and its licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
You agree that all Electronic Records related to our Service may be electronically signed (using our System or third-party software each with their own terms of service), and that any electronic signatures you authorize using our Service make and have the same power and authority as handwritten signatures for the purposes of validity, enforceability, and admissibility in accordance with the Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act, as approved and adopted by individual states, and common law. You agree to accept cookies to support our electronic signature process or a third-party software’s electronic signature process. You may also accept the terms of agreements in our System by clicking on an “accept button” or other similar statement of the intention to be bound by a statement or agreement which may be affixed or logically associated with such electronic agreements, disclosures, notices, records of data (collectively “Electronic Records”). To the fullest extent permitted by applicable law, any electronic signature shall be sufficient to verify and authenticate your identity and evidence your acceptance of an agreement to be bound by the terms and conditions of such Electronic Records.
Error Reporting and Feedback
You may provide us either directly at email@example.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may have development ideas similar to the Feedback prior to receiving the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.
The third-party sites and tools mentioned above include the following:
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer Of Warranty
OUR SERVICE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF WE ARE FOUND LIABLE FOR ANY ALLEGED DAMAGE, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreements.
If you wish to terminate your account, you may simply discontinue using Service and notify us that you wish to terminate your Subscription.
All provisions of the Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Indiana without regard to its conflict of law provisions.
Our failure to enforce any right or provision of the Agreements will not be considered a waiver of those rights. If any provision of the Agreements is held to be invalid or unenforceable by a court, the remaining provisions of the Agreements will remain in effect. The Agreements constitute the entire agreement between us and you regarding our Service and supersede and replace any prior agreements we might have had between us regarding our Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend the Agreements at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Services following the posting of revised Terms or Agreements means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.
Waiver And Severability
No waiver by us of any term or condition set forth in the Agreements shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under the Agreements shall not constitute a waiver of such right or provision.
If any provision of the Agreements is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall first be limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect and second, if such limitation is not possible, shall be eliminated from the Agreements.
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support:
By email: firstname.lastname@example.org.
Last Modified: 10/05/2022