DISCLAIMER: BUSINESSMART IS ONLY A VENUE
Our site acts as the venue for sellers to list businesses for sale and buyers to express interest in and learn more about those businesses. Our listing of businesses for sale and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. We are not involved in the actual transaction between buyers and sellers. For that reason all users of our site agree to be solely responsible for the legal and regulatory compliance of any transaction they enter into, and BusinessMart makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves and businesses they list for sale or express an interest in, BusinessMart cannot and does not confirm each user's purported identity and makes no inquiries, assurances, or guarantees about the veracity of business listings or expressions of interest in or offers to purchase such business listings. As a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell the businesses listed or the ability of buyers to buy the businesses they express an interest in. We cannot assure and do not guarantee that a buyer or seller will actually complete a proposed transaction.
You, the Customer, hereby agree to provide true, complete and correct information to BusinessMart, and maintain and update that information as circumstances require. As a Customer, you are responsible for your own content and are responsible for the consequences of any content you provide. The information You provide shall not be: false, inaccurate or misleading; fraudulent or involve the sale of counterfeit or non-owned items; infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; create liability for BusinessMart or cause BusinessMart to lose the services of BusinessMart's ISPs or other suppliers; or link directly or indirectly to, or include descriptions of, goods or services that are prohibited hereunder which You do not have a right to link to or include. BusinessMart reserves the right to edit, restrict or remove any content You provide for any reason at any time. In addition, BusinessMart does not control the information provided by other users that is made available through BusinessMart's site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using BusinessMart's site, and be aware that there is the risk of dealing with underage persons or people acting under false pretense.
The contents of this site and any products or services provided or sold by BusinessMart, including the site's text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses for sale listed on the site, are the property of BusinessMart or its content suppliers, and are subject to the copyright or other intellectual property rights of BusinessMart and to the terms of licenses held by BusinessMart. These materials are protected by US federal, state and international copyright laws and do not constitute material in the public domain. The manner in which the content is arranged and assembled (compiled) on this site is the exclusive property of BusinessMart and is protected by US federal, state and international copyright laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this site, or of any products or services sold by BusinessMart, is strictly prohibited. By submitting any information or other material to us, You thereby automatically grant BusinessMart a perpetual, worldwide, royalty-free, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed to BusinessMart.
"BusinessMart" is a registered trademark of BusinessMart. All trademarks, service marks, trade names, trade dress and logos displayed on or contained in this site, or in any products or services sold by BusinessMart, are the property of BusinessMart or others, whether registered or unregistered marks. Nothing on this site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the express written permission of BusinessMart or the third party owner of the mark. Marks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the marks. Your use of the marks displayed on this site, or in products or services sold by BusinessMart, except as provided in this notice, is strictly prohibited.
BusinessMart values the copyrighted and trademarked materials it owns and that are owned by others. BusinessMart therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. BusinessMart may immediately terminate your use of, or access to, the site at any time if it decides that You have breached this Agreement, any relevant law, rule, regulation or ordinance or that You have infringed or appear to have infringed the intellectual property rights BusinessMart or of others. If You believe that any material contained in this site infringes your copyright, You should notify BusinessMart of the alleged copyright infringement claim in accordance with the following procedure.
BusinessMart will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act and other applicable intellectual property laws. Please send any notification of claimed copyright infringement to this site's designated Agent for Notice of Claims,Tropchiano & Palumbo, LLP, 236 Morningstar Road, Staten Island, NY 10303 - (718) 556-4100, Attn: Christopher Trochiano, Esq. or [email protected] To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for BusinessMart to locate the material; contact information of the notifying party, including address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury, that the information in the notification is accurate and that the notifying party is the owner or authorized agent of the allegedly infringed work.
USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BusinessMart. BusinessMart and its affiliates reserve the right to refuse service, terminate relationships, and/or cancel orders in their discretion, including, without limitation, if BusinessMart believes that user's conduct violates applicable law or is harmful to the interests of BusinessMart and its affiliates.
BusinessMart retains all rights (including intellectual property rights), title and interest in the BusinessMart website and all underlying technology and data, including any enhancements and improvements thereto. Customer will not and will not knowingly permit others to: decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of BusinessMart's technology or delete or alter author attributes or copyright notices. Customer shall use the BusinessMart system solely for their own use and shall not knowingly permit others to use the BusinessMart system under or through that Customer's account.
BusinessMart utilizes email as a primary communication channel with customers. As a Customer, and by submitting your information on the BusinessMart website, you hereby acknowledge and grant BusinessMart the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes BusinessMart determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. BusinessMart will use best efforts to honor Customers' requests to opt-out from receiving emails, but under no circumstances will BusinessMart bear any liability for sending any email to its users and Customers.
BUSINESS BROKER MEMBERSHIPS
Customer subscriptions will automatically renew monthly at the prevailing monthly subscription rate, and the credit card number provided for initial payment will be charged accordingly, unless the Customer notifies BusinessMart Customer Service in writing prior to the renewal date. BusinessMart reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
Customer agrees to pay for all products ordered through the BusinessMart website using the payment method indicated, and Customer provides BusinessMart express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of BusinessMart products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any event other than the delivery of the ordered Deliverables. Any attorney's fees, court costs, or other costs incurred by BusinessMart in collection of delinquent, undisputed fees shall be the responsibility of and paid for by, the Customer. If payment is not current, BusinessMart may immediately cease to provide any and all Deliverables to the Customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the current term. Customer may cancel their BusinessMart Membership by emailing Customer Service (www.BusinessMart.com) or leaving a voicemail cancellation request (1-800-835-4987), or by using the Cancel Billing option in the Help section of the website. All cancellation requests will be processed within five (5) business days. The membership will be deactivated at the end of the current term. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's sole responsibility to promptly provide the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
LINKS TO OTHER WEBSITES AND SERVICES
BusinessMart is not responsible for the availability, content or accuracy of any other pages or other sites linked via this website. To the extent that portions of this site contain links to outside products, services and resources, all relationships arising from such links are between the Customers and the outside providers and do not involve BusinessMart, and any concerns about such products, services or resources should be directed to the particular outside provider. BusinessMart does not guarantee or warrant the accuracy or completeness of the information or content included on other sites, nor the quality of products or services provided or sold.
DELIVERY AND RETURN POLICIES
Whenever possible, all services and products of BusinessMart will be delivered to the Customer via the Internet and this website, or other electronic medium. To the extent that such delivery is not reasonably possible, BusinessMart may elect to deliver the same by an overnight or other commercial delivery service. No BusinessMart products or services may be returned and no refunds will be given for any items purchased from BusinessMart.
LIMITATIONS OF LIABILITY
THIS SITE IS PROVIDED BY BUSINESSMART ON AN "AS IS" BASIS. BUSINESSMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUSINESSMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUSINESSMART WILL NOT BE LIABLE FOR ANY ALLEGED DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. 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 MAY NOT APPLY TO YOU, DEPENDING UPON WHERE YOU RESIDE.
In the event that you have a dispute with one or more other users, you release BusinessMart (and its officers, directors, agents, servants, subsidiaries, affiliates and employees) from any and all claims, demands and damages (actual, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to indemnify and hold BusinessMart and our subsidiaries, affiliates, officers, directors, agents, servantsand employees, harmless from any and all claims or demands, including reasonable attorney's fees, relating thereto, made by any third party due to or arising out of your breach of this Agreement or the materials that this Agreement incorporates by reference or your use of this website, or your violation of any law, rule, regulation, Court Order or other legal mandate, or your violation of the rights of a third party.
Any controversy or claim arising out of or relating to this Agreement, our website, or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Staten Island, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.