Terms and conditions
BizTrader.com provides this internet web site and the services offered on it (collectively, the "Services") under the following terms and conditions of service and use (the "Terms"). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms "we", "us", or "our" refer to BizTrader.com. "You" refers to all users of the web site. "Customers" refers to users who purchase any product or Service on BizTrader.com, including without limitation listing their businesses for sale on the Web site. "Web site" refers to BizTrader.com
ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS
BizTrader.com may change the Terms from time to time without prior notification to you. Each time you access the web site you will be governed by the Terms then in effect. All of such changes will be posted on the BizTrader.com web site. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
YOUR LISTING, PASSWORD AND SECURITY
If you open an Account at BizTrader.com, you accept responsibility for all activities that occur under your Account and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one business or household access BizTrader.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your business or household may not access BizTrader.com using your name in whole or in part without our permission. If you believe someone has accessed BizTrader.com using your user name and password without your authorization, e-mail us immediately at the address listed below. In addition, Customers that list their businesses on BizTrader.com as sellers are assigned a listing number. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password.
WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LISTING NUMBER,USER NAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
FEES AND LISTING TERMINATION
You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. Payment for the Services shall be made by automatic credit card or debit card charge. Users can cancel their subscription online or can send a cancellation request via e-mail at least 1 business day prior to a renewal date. Direct all cancellation requests to: . If you do not receive on-screen confirmation that your listing was cancelled, you may contact us at 212-867-4260. It is the responsibility of the Customer to cancel a listing prior to automatic renewal to avoid further charges.
All fees are nonrefundable. You are responsible for all fees and charges incurred to access BizTrader.com through an Internet access provider or other third party service using your account number and password. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.
In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to make a binding contract. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You agree and acknowledge that your use of the Web Site and Services is to advertise your own business for sale or to find information related to the purchase or potential purchase by you of a business listed on BizTrader.com, and not to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever other than as set forth above.
You agree not to use the Services to do any of the following:
-violate any local, state, national or international law;
-stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications;
-collect, harvest or store personal data.
-impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; and
-interfere with or disrupt the Services or servers or networks connected to the BizTrader.com Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the BizTrader.com web site.
USE OF THE VALUATION TOOL
We have provided a valuation tool as part of the Services to assist buyers and sellers of businesses in evaluating the worth of a business. You agree that you assume the complete risk regarding the use of the valuation tool. No one valuation tool or method is applicable to all businesses. Each business must be judged on its individual merits including criteria which cannot be quantified. If the business being evaluated is in a start up mode, is not profitable or will likely lose business volume next year, so that historical financial data is not indicative of future results, then the model is not as useful. Our model is best suited for stable or growing operating companies. If you are not experienced in evaluating companies, you are urged to consult a business appraiser or other expert to evaluate your business.
PLACEMENT OF LISTING ON THIRD-PARTY WEB SITES.
We may submit your business listing information to other/third-party web sites for inclusion on those other/third-party web sites. You will not be charged for such additional listing and you are not purchasing such listing as part of the fee you pay to us. If such other web site rejects or cancels such listing, you have no recourse against us. Any such arrangement is subject to change without notice to you. If you object to such listing or arrangement, your sole recourse shall be to cease using our services. We have no control over web sites owned or operated by third parties and we are not responsible for any modifications or changes made to third-party Web sites. You agree that we have no liability concerning the listing of your business on a third party web site.
THIRD PARTY CONTENT AND MONITORING
If You access the Web Site to find information related to the purchase or potential purchase by you of a business listed on BizTrader.com, NOTE, we are a distributor (and not a publisher) of Content supplied by business sellers. Accordingly, we have no editorial control over such content. Any opinions, advice, statements, offers, or other information expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that content and not of BizTrader.com. We neither endorse nor are responsible for the accuracy, completeness or reliability of any such content on the BizTrader.com Web site by such parties. We have the right, but not the obligation, to monitor and review the content on the BizTrader.com Web site and provided through use of the Services to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor content for accuracy, completeness or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any content from the Services, without liability to you for any reason.
DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT BizTrader.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s Web site administrator or webmaster. BizTrader.com SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.
USE AND STORAGE
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), listing number or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE BizTrader.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BizTrader.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BizTrader.com OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES OR WEB SITE.:
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless BizTrader.com, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or content that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the BizTrader.com Web site or other Services.
Certain of the names, logos, and other materials displayed on the BizTrader.com Web site and in and through the Services constitute trademarks, trade names, service marks or logos ("Marks") of BizTrader.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by BizTrader.com or its licensors is copyrighted by BizTrader.com and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by BizTrader.com or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of BizTrader.com and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BizTrader.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. BizTrader.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BizTrader.com for use in accessing the Service.
By posting, inputting or otherwise submitting information to our web site, you are representing you are the rightful owner of such information and are granting us the right, license and privilege to use such information or data in any way we deem appropriate.You hereby grant to BizTrader.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect to the content you provide to us to be published on the BizTrader.com Web site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. In the event of any unlawful copying of our Web Site, you hereby agree to assign the copyright to your content and to execute any and all documents with respect thereto
The Terms constitute the entire and exclusive and final statement of the agreement between you and BizTrader.com with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and BizTrader.com with respect to the subject matter hereof. The Terms and the relationship between you and BizTrader.com shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over New York County, New York and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Service of Process in any such action may be effected either by certified mail, return receipt requested or by recognized national private carrier where you or your authorized agent accept delivery of such service of process. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to us at .