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Effective Date of Terms of Use: June 1, 2012
These terms of use tell all persons who access the Sites (“you”) about our standard terms and conditions in connection with your use of the www.bizequity.com and/or blog.bizequity.com sites, our private and/or white label versions of the same (collectively, the “Sites”), and related software tools, applications, functions, facilities and services, associated media, and online or electronic documentations (collectively, the “Service”). For the sake of clarity, Service includes the Sites. The Service is operated by BizEquity. “BizEquity” means BizEquity LLC and its affiliates, successors and assigns.
By using the Service, you (“User”) agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use (these “Terms”).
You can get an estimate here of the value of your business and other small businesses that you are interested in. The estimates are made using publicly available information, rules of thumb for different industries which will be inapt and differ from the amount that would be realized on a sale in many cases because of information not available to us or other factors, and data that you may provide us. In any event, they are subjective opinions. We hope they are of interest to you. But you should not rely on them for any specific action. This remains true even when you have provided us with additional information. BizEquity is not a business broker or financial advisor and should not be relied upon as such.
The information is provided for your internal use only and may not be copied or redistributed for any reason. You may not use the information for any commercial purpose, including, but not limited to, as a factor in establishing an individual’s eligibility for creditor insurance to be used primarily for personal, family, or household purposes, employment purposes, or to receive a loan. This information is provided “as is” without warranty of any kind. The information is the intellectual property of BizEquity or its information providers. In no event will BizEquity or its information providers be liable in any way with regard to such information. Your use of the information must in all cases comply with all applicable laws and regulations.
Subject to User’s compliance with these Terms, BizEquity grants you a limited, revocable, nonexclusive license to access the Service located on our Sites for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Service by posting agents; or (b) any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the Service (or any information or content on the Sites), nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BizEquity. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
The Service is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Service contains copyrighted material, trademarks, databases and other proprietary information of BizEquity, and others, including, without limitation, BizEquity’s data licensee’s (collectively, “Proprietary Material”), which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from BizEquity. The Google Maps API is provided by Google, Inc. and your use of the Google Maps API is governed by the Google Maps API Terms of Service http://code.google.com/apis/maps/terms.html.
Some aspects of the Service may require registration and login. User is responsible for protecting the confidentiality of User’s identification and/or password and is responsible for all use of User’s accounts whether expressly authorized by User or not.
User agrees that it will not (and will not permit others) to:
BizEquity does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Service. User acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at User’s sole risk.
Payment for all and any goods or services on the Sites exclude any applicable taxes, unless expressly stated otherwise. To the extent permissible under applicable laws, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase any goods or services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms designated by our third party payment processor. It is your responsibility to ensure that sufficient funds are available to cover the charge(s). BizEquity has no liability for overdraft or other fees that you may incur as a result of the processing of your payment by our third party payment processor.
To purchase any goods or services from BizEquity, you will be taken away from the Site and directed to the Braintree payment gateway, via a secure connection from your computer, through which you will provide your credit card or other payment information, so that it may be passed to our third party payment processor for payment. Your payments are subject to the terms and conditions and privacy policies of such third parties. BizEquity will have no access to your credit card or account numbers and information when you make a payment online and BizEquity and its affiliates, parent, officers, directors and employees, disclaim all liability in connection with any third party's use or misuse of same.
All fees are non-refundable.
BizEquity reserves the right to immediately terminate your access to the Service at any time for any reason with or without notice. Without limiting the foregoing, BizEquity may block or terminate your access to the Service if BizEquity, in its sole discretion, believes you are violating these Terms.
User agrees to indemnify, hold harmless, and defend BizEquity and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees (the “Indemnified Parties”) from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees and costs)), which arise out of: (a) User’s actual or alleged breach of these Terms, (b) any negligent act or omission by User, or (c) any third party claim, action, or demand related to User’s use of the Service (each a “Claim” and collectively “Claims”). BizEquity may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. BizEquity will provide you with reasonably prompt notice of any Claim it receives.
We provide the Service "As Is" and "As Available" and Disclaim All Warranties and Liability
The service is provided “as is” and Bizequity hereby disclaims all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose, non-infringement, title, or quiet enjoyment and from viruses and other harmful devices. Bizequity does not warrant that the service is error-free or will operate without interruption. No rights or remedies referred to in article 2a of the UCC will be conferred on you unless expressly granted herein. Bizequity expressly disclaims the implied warranties of fitness for an intended purpose, proper workmanship, non-negligence, non-infringement, and any liability in connection with your provision of your credit card or account information. You use the site at your own risk. Under no circumstances shall we, our affiliates, or any of our respective directors, officers, employees, agents, or contractors be liable for any direct or indirect, special, incidental, punitive, exemplary, multiplied or consequential damages, including, without limitation, in connection with any of the service's content or reports, acts or omissions, negligence, loss of data, lost business or lost profit arising out of your or any third party's use or the inability to use the service, and/or the service's content. If your use of the service results in any interruption, impairment or loss of, or your need to service, repair or correct, any software, equipment, systems or data, you agree to assume, and hold us harmless from, any costs and losses in connection therewith.
No oral or written information or advice given by BizEquity or its agents or employees or third parties shall create a warranty or in any way increase the scope of any warranty provided herein.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Bizequity, its data licensors and its third parties are not and shall not be liable for any claim, injury or damage arising from the use of or the inability to use the service, including, without limitation, any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained on or through the web site. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communications lines failure, theft or destruction or unauthorized access to, alteration of or use of records, data, programs or files, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
In no event shall Bizequity, its data licensors or its third parties be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the service, even if bizequity has been advised of the possibility of such damages.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
The Service may make available to users certain community-based features that may allow users, without limitation, to post articles or blogs, exchange messages with other users, and participate in chat rooms, newsgroups, and other similar forums for the exchange of information of interest to the BizEquity community (collectively the “Forums”).
You agree, through your use of the Service, that you will not use the Forums to post any material which:
By uploading files, posting messages or other content, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or with the Services, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications for your intended purpose. User hereby grants to BizEquity a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. User hereby waives all rights to any claim against BizEquity for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications.
BizEquity has no obligation to monitor this Service or any portion thereof. However, BizEquity reserves the right to monitor and review any User Content and User activity on the Service and remove, delete, redact or otherwise modify User Content or block or terminate User access to the Service, in its sole discretion, at any time and from time to time, without notice or further obligation to you. BizEquity has no obligation to display or post any User Content. BizEquity shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on or through the Service.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:
BizEquity’s DMCA Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:
Attn: DMCA Agent
BizEquity LLC.
435 Devon Park Drive,
Suite 501
Wayne, PA 19087
info@bizequity.com
The Service may contain hyperlinks to web sites operated by parties other than BizEquity. Such hyperlinks are provided for reference only. BizEquity does not control such web sites, and is not responsible for their contents or any products, services or information offered on such web sites. BizEquity’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
BizEquity’s BizEquity Privacy Statement is accessible by clicking on Privacy. By using the Service and by accepting these Terms, User expressly consents to use of User’s information, as enumerated in BizEquity’s then-current Privacy Statement as such statement may be amended from time to time.
BizEquity has a right to modify the Terms in any manner and at any time, with or without cause, in BizEquity’s absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Site. User’s continued use of the Service following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User’s only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of BizEquity in providing the Service, is to cease use of the Service.
BizEquity may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service. User’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Service.
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania as if you signed these Terms in Pennsylvania. The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in and for Montgomery County, Pennsylvania for exclusive jurisdiction of any dispute arising out of or related to the Web Site, the Service or these Terms.
The failure by BizEquity to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by BizEquity of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. BizEquity will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
User may not assign these Terms.
These Terms and any documents referenced herein constitute the complete and exclusive agreement between you and BizEquity with respect to use of the Service, and supersede and govern all prior proposals, agreements, or other communications relating thereto.
© 2012 BizEquity LLC. All Rights Reserved.