image

Privacy Policy

BizForSale.co provides this Privacy Policy to inform users of our policies and procedures regarding the collection, use, and disclosure of personally identifiable information received from users of this website, located at the domain BizForSale.co (the “Biz For Sale Website”). Please note that this Privacy Policy only applies to the Biz For Sale Website and related business listing services (“Services”) provided by the website.

Information Collection and Use

“Personal Information” means any information directly or indirectly relating to an identified or identifiable individual. Personal Information may not include de-identified or aggregate information, certain publicly available information, or information covered by other legal frameworks. If you contact Biz For Sale by email through the Biz For Sale Website, Biz For Sale may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to Biz For Sale in your message, to respond to you. Biz For Sale treats this information as it would treat any other unsolicited business correspondence, and has no obligation to keep this information confidential, nor to take any security measures to protect this information.

When you visit the Biz For Sale Website, Biz For Sale’s servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type, or the domain from which you are visiting. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. Biz For Sale uses Log Data to monitor use of the Biz For Sale Website and the services we offer via the Biz For Sale Website and for the Biz For Sale Website’s technical administration.

Biz For Sale may collect Personal Information using the following methods:

Directly from you when you provide it to us, or to others through our services. This includes information you enter into web forms or chatbots, information you provide in phone calls, video conferences, subscription agreements, and contracts or other content you submit to the Services. Through your participation in conferences, research, focus groups, surveys, promotions, and contests, whether operated by us or our vendors or business partners. From references or sources that you provide or are publicly available online or in other formats, such as brochures, property listings, public records, or industry groups. In addition to sources you may provide, this includes parties such as other property owners, tenants, landlords, agents, managers, or developers. From third-party vendors including data analytics and email marketing service providers. From researching public websites where permitted by the website Terms of Use. For example, this may include company websites, search engines, news websites, and social media platforms. Automatically through tracking technologies (such as cookies, web beacons, or log files), including over time and across third-party websites or other online services.

We may use your Personal Information for the following purposes:

Communicating with you. Providing you with or otherwise facilitating the Services, or specific products or services requested through the Services. Authenticating use, detecting potential fraudulent use, and otherwise maintaining the security of the Services. Developing, testing, improving, and demonstrating the Services. Creating and maintaining a customer relationship management system, member directories, and invitation lists for events. Carrying out our legal and contractual obligations and enforcing our rights, including tax preparation, billing and payment processing. Anonymizing and aggregating information for analytics and reporting. Advertising, marketing, and selling the Services, including linking together or merging Personal Information with other Personal Information so that we may better understand your needs and inform you about our Services and those of our partners. Administering, registering, or enrolling you in, or facilitating your participation in recreational, educational, or entertainment activities; surveys or questionnaires; promotions or sweepstakes, or any other services, events, or activities sponsored by us or third parties, or offered in connection with our Services. Sending you prizes and gifts. Short-term transient use, as defined in the California Consumer Privacy Act. Training and quality assurance. For any other purpose with your consent. Online Advertising.

When you use the Services, we and third parties may use cookies and other tracking technologies to collect information, including Personal Information, to help us target content to you on the Services or elsewhere. This information may be associated with other information or combined with information from other sources, including information these third parties might track about your online activities over time and across the Internet. Third parties use this information to provide interest-based advertising and retargeting on our behalf, which may include placing our advertisements on other websites you visit, including your social media accounts, or matching a cookie or device ID to your email address so we can send you promotional emails that may be of interest to you.

We may use an automated process to identify properties that may be of particular interest to you and to bring these to your attention. We may do this by profiling your activity when using the Services. This profiling takes place based on properties you browse, searches you conduct, and your location. It helps us to understand what sort of properties you are interested in and to categorize your activity to help us determine the Services that may be best suited to your needs.

Cookies and Other Analytic Tools

Like many websites, Biz For Sale also uses “cookie” technology to collect additional website usage data and to improve the Biz For Sale Website and the services offered via the Website. A cookie is a small data file that Biz For Sale’s servers transfer to your computer’s hard disk. Biz For Sale may also use tracking pixels. Tracking pixels are small graphic images, which are used in email messages to determine whether the messages were opened and the links were clicked, or are used on the Biz For Sale Website to collect information about the browser and device viewing the Biz For Sale Website. Biz For Sale does not use cookies or tracking pixels to collect personally identifiable information.

Biz For Sale mainly uses “session cookies,” which enable certain features of the Biz For Sale Website and services offered via the Biz For Sale Website, to better understand how you interact with the Website and services we offer via the Biz For Sale Website, to monitor aggregate usage by our users and web traffic routing on the Biz For Sale Website, and to improve the Biz For Sale Website and services offered via the Biz For Sale Website. Session cookies should be deleted from your computer when you disconnect from or leave the Biz For Sale Website.

Biz For Sale also uses a persistent cookie that stays on your computer after you leave the Biz For Sale Website, for the sole purpose of ensuring that you receive a variety of Biz For Sale content (also called “frequency-capping”).

Third Party Advertisers

The Biz For Sale Website includes advertising from third party advertisers. Third party advertisers, or companies working on their behalf, may serve directly to your browser the advertisements that appear on the Biz For Sale Website, which allows them to receive Log Data (as defined above). They may also use cookies, JavaScript, tracking pixels and other technologies to measure the effectiveness of their ads and to personalize advertising content. Biz For Sale does not control any third party advertiser tracking or measurement technologies, and the information practices of third party advertisers are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.

Opting Out

Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you choose not to receive tracking pixels, you will need to disable HTML images in your email program and browser, but that may affect images in other emails you receive and the web pages you browse.

Biz For Sale also uses analytics technologies including but not limited to Google Analytics, Quantcast and comScore. For Google’s privacy practices see www.google.com/analytics/learn/privacy.html and to opt out of data recording and analysis by Google Analytics on the Biz For Sale Website, see https://tools.google.com/dlpage/gaoptout. For Quantcast’s privacy practices see https://www.quantcast.com/privacy/, and to opt out of receiving interest-based content and ads enabled by Quantcast, see https://www.quantcast.com/opt-out/. For comScore’s privacy practices see http://www.comscore.com/About-comScore/Privacy-Policy and http://www.scorecardresearch.com/privacy.aspx, and to opt out of having comScore associate site visits with your browser, see http://www.scorecardresearch.com/preferences.aspx.

Biz For Sale may allow third-party companies, including ad networks, to serve advertisements, provide other advertising services and/or collect certain information when you visit the Website.

To learn more about Interest-Based Advertising or to opt-out of this type of advertising by those third parties that are members of self-regulatory programs such as the Network Advertising Initiative, please visit the NAI’s website http://optout.networkadvertising.org, which will allow you to opt out of Interest-Based Advertising by one, or all, NAI members.

Do Not Track

Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. Biz For Sale currently does not take action in response to these signals. Also, please note that regardless of Biz For Sale’s practices with respect to “do not track” signals, third party service providers Biz For Sale has engaged may use cookies to collect your personal information or online activities over time and across different web sites. For more information regarding Do Not Track mechanisms, see http://allaboutdnt.com/.

Information Sharing and Disclosure

Biz For Sale cooperates with government and law enforcement officials or private parties, to enforce and comply with the law. Biz For Sale may disclose any information about you to government or law enforcement officials or private parties as Biz For Sale, in its sole discretion, believes necessary or appropriate to respond to claims, legal processes (including subpoenas), to protect the property and rights of Biz For Sale or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

If any or all of the assets of Biz For Sale are acquired by, or merged with another entity, Biz For Sale will share with this entity some or all of the information collected through the Biz For Sale Website.

We may disclose Personal Information:

To affiliates and other entities within our group of companies, business or distribution partners, and service providers. To other customers or subscribers to the Services, such as the listing agent when you visit their profile page, indicate an interest in a particular listing, or submit a bid or request for more information. To other customers or subscribers within the context of any directories or inventories we may provide on the Services or that you opt into. To other customers or subscribers within the Services within the context of our content sharing or messaging features, or other community forum or pages offered through the Services. Please exercise caution when sharing or posting within our Services, and do not include information that you do not wish to make public. To third parties with whom you choose to share content on the Services or otherwise refer to our Services, for example, through our “Email a Listing to Friend” feature or similar features. With background check providers and/or consumer credit reporting agencies. To third parties when you use a third-party feature in our Services. This may include social media networks when you share content through those networks or use a social media account to log in to our Services. To enforce or apply our Terms of Use and other agreements or comply with any court order, law, or legal process, including government or regulatory requests. To a buyer or other successor in the evaluation and/or event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets. To advisors, consultants, auditors, or similar professionals to assess our business, financial, and legal obligations, or operations. If we believe it is necessary to protect the rights, property, or safety of Sell A Business or others. For any other purpose disclosed by us when you provide Personal Information. With your consent, such as when you choose to provide your information to third parties. Service Providers.

Sell A Business discloses your Personal Information to third-party service providers to assist us in our business. For example, we use service providers to assist with data analytics, email marketing, payment processing, customer relationship management, and IT infrastructure and support. We may permit these affiliates and service providers to access your Personal Information in order to assist us in providing the Services. As appropriate, we seek reasonable contractual obligations from these providers regarding their use of Personal Information that we disclose.

Security

Biz For Sale implements security safeguards to protect your Personal Information.

We take steps to secure Personal Information through administrative, technical and physical safeguards designed to protect against the risk of accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. For example, we encrypt payment card information in accordance with the Payment Card Industry Data Security Standard (PCI DSS) and store sensitive information such as geolocation data on servers located in the United States with access limited to authorized employees.

Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential.

Links to Other Sites

The Biz For Sale Website may contain links to other web sites (“Linked Sites”) operated by Biz For Sale or third parties. Linked Sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy addresses only the use and disclosure of information that Biz For Sale collects through the Biz For Sale Website. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. Biz For Sale does not exercise control over third party Linked Sites. Your use of any Linked Site operated by Biz For Sale is subject to the terms and conditions provided by Biz For Sale for such Linked Site.  Biz For Sale encourages you to read the privacy policies or statements of the other websites you visit.

Our Policy Towards Children

The Biz For Sale Website is not directed to children under 18 years old. If a parent or guardian becomes aware that his or her child has provided Biz For Sale with personally identifiable information without their consent, he or she should contact Biz For Sale.  If Biz For Sale becomes aware that a child under 18 years old has provided Biz For Sale with personally identifiable information, Biz For Sale will remove such information from our files.

Changes to this Privacy Policy

Biz For Sale reserves the right to change this policy at any time without prior notice. You are advised to consult this Privacy Policy regularly for any changes. If you have any questions or comments about this Privacy Policy, please contact us.

TERMS OF USE

The following Terms of Use refer to websites, applications and services provided by Digital Markets LLC (“Company”). These Terms of Use will govern your access and use of the websites and services (“Service(s)”)provided by Digital Markets LLC, including all of its brands and entities that it controls.

Please read the following Terms of Use (“Terms”) carefully before using the Website BizForSale.co (and all extensions) (the “Website” “Biz For Sale”). The Terms of Use covers all of Digital Markets LLC (“Digital Markets Sites”) and any or all associated content, including but not limited to emails, RSS feeds, videos, and other ancillary content.

BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (“Customer” or “you”) AGREE TO THE FOLLOWING TERMS OF USE and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms of Use are a legal agreement between Digital Markets Sites and you (the “Agreement”).

By using the Website, you agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use, discontinue use of the Website.

Content

All of the articles on Biz For Sale are original works, and are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights, and are the intellectual property of Digital Markets LLC.

Biz For Sale claims no credit for any images/photos featured on this site unless otherwise noted.

The Website may display links to other websites, services or resources on the Internet. These other resources are not under Digital Markets’ control, and you acknowledge that Digital Markets is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. You further acknowledge and agree that Digital Markets 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

Accuracy

The website is an editorial based website providing commentary and general information in relation to business related topics. Information on the site may contain errors or inaccuracies; the Website does not make any warranty as to the correctness or reliability of the site’s content. The Website does not provide any warranty or guarantee as to the accuracy of the information. You acknowledge that such information and materials may contain inaccuracies and errors and we expressly exclude liability for any such inaccuracies or errors.

Business for Sale Advertising Service

The Service is an online business advertising, searching and information service. Company does not broker or sell businesses directly and is not a party to any transaction between the business purchaser and seller. As a result, Company does not (a) guarantee or ensure any business or any transaction between the seller and purchaser, (b) act as a business broker, loan broker, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service, or (c) broker or sell any businesses for sale on the Websites.

License Grant and Other Rights of Company

With respect to listings, content and other information Customer submits to Company through the Service (“Customer Content”), Customer grants Company and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use listings and other information submitted to it for publication of all or part of such listing on the Internet for unrestricted use by Company customers and partners. This license you grant Company includes the express permission for Company to use and display the Customer Content you provide to Company, or any modification thereof, on the Websites and other Company-affiliated or partner products and sites. Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings. Company reserves the right to modify or change any and all Terms of Use at any time.

Company Communication

Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby consents to Company communicating and grants Company permission to communicate with customer via email (as well as other communication channels such as phone) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use commercially reasonable methods to honor Customer’s request to opt out of marketing messages, but in every circumstance Company shall comply with applicable law with respect to such opt-out request and under no circumstances will Company have any liability for sending any email to its registered users/customers. With respect to sharing any personal data with third parties, Company does so in compliance with applicable law.

Customer Privileges

Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered customer only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Customer ID and a password, which shall be utilized for logging on to the Company system. Customers are not permitted to share their individual logon information with others. Company has the right to refuse service to any customer that refuses to abide by the Terms of Use herein or abuses their rights related to the Company service.

Submission and Administration of Listings

Customer agrees not to submit through the Websites any Customer Content containing, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Service unless Customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to Company which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Company reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent the business opportunity or category exclusively, and do not include any broker logos, contact information, website addresses, phone numbers, or any overlay text or graphics of any kind.

Only one listing on the Company Websites published using the Service is permitted for each business opportunity (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. Additionally, the Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the Company Websites. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Company shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all business and associated information provided by Customer will be accurate – and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising; (b) agrees that Customer will not permit the posting of a business on the Websites under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times; (d) shall ensure (and shall require its sales agents, if applicable) to respond to all buyer inquiries relating to the listing (i) within seventy-two (72) business hours and (ii) in a professional and respectful manner; and (e) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision. In addition, Customer agrees not to advertise a business opportunity as an Established Business unless such a business (1) is open and has been continuously operating for a minimum of one year (two years for internet-based businesses), (2) has an established customer base and a material revenue history, and (3) has ability to provide financial history information to qualified buyers. Company reserves the right to remove all or any part of the listings posted on the Company Websites for any reason at any time. Customer agrees that all communication from interested parties shall occur through the contact form and/or phone number included on the contact form, and Customer agrees to not include any contact information within any other portion of the listing.

Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. While Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Company.

Use Of Information

All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1,000.

Term and Termination

The Company offers subscriptions to the Service through a number of products which vary and follow the term, renewal, and billing provisions as described below.

Individual Listings. Single listing subscriptions are purchased through the site. Customer may select a plan and term. Customer agrees to pay for the full value of the plan and term at the beginning of the initial term. After the initial term, individual listings renew on an automatic basis and are billed at the prevailing rate until cancelled by Customer. Customer agrees that the fees paid for the initial term or any renewal terms are non-refundable.

Multiple Listings. Multiple listing subscriptions are available to business brokers. Customer may select a plan and term. Customer agrees to pay for the full value of the plan and term at the beginning of the initial term. After the initial term, plans renew on an automatic basis and are billed at the prevailing rate until cancelled by Customer. Customer agrees that the fees paid for the initial term or any renewal terms are non-refundable.

Payment Terms

Customer agrees to pay for all products ordered through the Company website, or via Company client services personnel (“Client Services”) using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month or term. Fees paid for business listings and other products are not refundable. No partial month (or partial term if longer than a month) refunds will be provided. Customer may cancel their Company product membership by contacting us only by email. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The product and/or membership will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer’s responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

The Customer must notify Company about any billing problems, disputes or discrepancies (“Disputes”) within thirty (30) days after charges first appear on their account statement. If Customer does not notify Company of a Dispute within thirty (30) days, Customer agrees to waive their right to dispute such problems or discrepancies.

Communication Tools and Email Services

Company prohibits the use of its system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use. Customer may not use the listing contact form to promote products or services to the listing broker or business owner. Company has the right to revoke the privileges of any customer or company that breaches these terms. The email services that Company offers is intended to be used by users for business purposes. Customer has no expectation of privacy in its use of such email services. Customer’s use of the email services constitutes consent to monitoring, retrieval and disclosure to third parties of any information provided within the email service. Customer’s contact information supplied via the email services shall be used by Company in accordance with its Privacy Policy.

Ownership

Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Websites and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others via manual or automated means (including the use of any robot, spider or other automated process): reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company’s technology or delete or alter author attributes or copyright notices. Customer shall use the Company system solely for their own use and shall not allow others to use the Company system under or through that Customer’s login ID/email and password. Further, customer shall not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

RSS Feeds

The Website may provide an RSS Feed for Biz For Sale. Should you use the RSS feed in any part whatsoever, we ask that you do not modify it in any way, including removing or modifying advertisements or adding content including advertisements and promotional content. Biz For Sale may terminate its distribution of the RSS feeds or change the content or formatting without notice. It also reserves to the right to require a party from ceasing to use the RSS feed at any time.

Print

A reproduction of a screenshot in print form is permissible if and only if the URL, Website name and logo is fully visible or included. The content may also be reproduced in print form if and only if it is rightfully and clearly referenced as being from the Website including the Website name, URL, and logo in references. Images from the Website may not be used in print.

The print medium shall not promote inappropriate or illegal content.

Intellectual Property Rights

As we respect the intellectual property right of parties, Biz For Sale has a policy of removing material that violates copyright law. Pursuant to the Digital Millennium Copyright Act (DMCA) and Title 17 of the United States Code, Section 512, Biz For Sale has a policy of receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe there is an instance of infringement of your copyrighted material, please provide written notice.

As per applicable law, your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If as an owner or authorized representative, your trademark is being used somewhere on the Biz For Sale site in a way that constitutes trademark infringement, you may notify us in writing. Please provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

Biz For Sale Intellectual Property

Biz For Sale, the site name and the logo constitute registered trademarks, trade names, service marks or logos (collectively “Marks”) belonging to Biz For Sale. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate herewith remains with Biz For Sale. Nothing contained on the Website shall be construed as granting by implication or otherwise, any license or right to use the Marks without the explicit permission of Biz For Sale.

Comments

The Website allows users to comment and/or discuss the content on the Website. In posting comments you agree to abide by the following guidelines:

Users/visitors may post comments as long as the content of such comment is not illegal, obscene, threatening, libelous or racist and conforms to the Terms of Use herein. The content of such statement shall not invade someone’s privacy or infringe anyone’s intellectual property rights or be reprehensible.

The user/visitor shall remain responsible for the content of their statement. As such, the Website does not control the content of statements posted and cannot guarantee the accuracy, reliability, nor the veracity of the information published on this Website. The Website cannot be held responsible for the content, existence, nature, quality, legality, security and conformity of any comment posted on this Website.

You agree to communicate information that is true and genuine and is not in breach of any law or regulation in force. Allegations that are unfounded or libelous are forbidden. It is your responsibility to ensure that your statement is as explicit and argumentative as possible. Usurping the identity of an individual or of an entity is forbidden. It is also forbidden to mislead someone regarding the source of a comment or statement. Please make sure your contributions are relevant and appropriate.

The comment or review being posted is for use on the Website, not person or place or company in question, nor is the Website affiliated with the said individual or company in any manner whatsoever. The Website is not responsible for your decision to post personal information. Please contribute with helpful and polite comments. Do not personally attack anyone or post comments that are insulting, defamatory or racist which expose you to potential legal action. The Website reserves the right to modify or delete comments which breach the Website’s policies. The Website may at any time and at its entire discretion, suppress any such content. It is understood that the Website does not have the obligation to review all postings/comments.

All comments are considered property of the Website and all correspondence is considered available for publication. By submitting a listing, comment, posting, or article, you agree that your comment may be edited to correct errors, remove obscenities or hateful language, or otherwise alter or remove your comment, posting, or article from this weblog without notice to you.

The Website is not responsible regarding the content of any listing or statement (comment or otherwise) submitted by its users. The Website may, further to a complaint or a comment, look at the content of any statement and edit out in whole or in part any statement that is either inappropriate, libelous, untrue or in breach with the Terms of Use. Such complaints in relation to comments may be sent to Biz For Sale.

Illegal Use

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.

You shall not: (i) take any action that imposes or may impose (as determined by Biz For Sale’s sole discretion) an unreasonable or disproportionately large load on Biz For Sale’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any restricted access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) frame, scrape, data-mine, extract or collect the harvest or scrape any content from the Website in any form and by any means; or (vii) otherwise take any action in violation of the Terms of Use.

Changes

The Website reserves the exclusive right to modify these Terms of Use at any time. Changes and clarifications will take effect immediately. Any continued use of the Website will be deemed conclusive of your acceptance of the modified Terms of Use.

Privacy And Confidentiality

The Website undertakes to not use or disclose the information provided by its users for any other purpose than providing services. However, Biz For Sale cannot guarantee the confidentiality of the information submitted over the Internet. As such, users must accept the entire responsibility in the event that confidential information is disclosed. Further, Biz For Sale will work with law enforcement in providing information in relation to any investigation or crime.

Warranty Disclaimer

The Website may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues. You should not rely on the service for individual advice on such issues and should rather inquire from a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of the Website’s content.

THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THIS SERVICE.

ALTHOUGH COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE LISTINGS AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” COMPANY DOES NOT ENDORSE OR RECOMMEND ANY COMPANY CONTENT ARISING OUT OF THE SERVICE AND CUSTOMER USES SUCH COMPANY CONTENT AT CUSTOMER’S OWN RISK. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Limitation On Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and Company’s entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company’s liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Company (and Company’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables.

Miscellaneous

The Terms of Use of the Website and all other documents referenced constitute the entire agreement between the Website and you with respect to your use of the Website, and supersede any prior agreements. The Website’s failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

Governing Law And Jurisdiction

 

The Terms of Use shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which you reside. All proceedings in connection with the Terms of Use or Biz For Sale shall be exclusively submitted to the Courts of competent jurisdiction of the State of Pennsylvania, Northampton County. You are solely responsible for ensuring that your use of the Website is in compliance with all applicable laws.