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  Terms & Conditions    
 
The submission of information to, and use of, the business advertising service ("Service") available through the UsBizSale will be to the following terms and conditions. By submitting information to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and UsBizSale.

Ownership and License Grant

Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the UsBizSale web site 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 to: 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 UsBizSale system solely for their own use and shall not allow others to use the UsBizSale system under or through that customer's login ID/email and password.

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.

Limitation of Liability and Indemnification

In no event shall company be liable for any indirect, special, incidental or consequential damages including damages for loss of business profit 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.

Disclaimers

The company makes no promises, representation or warranties, either express, impiled, statutory or otherwise, with respect to the advertisement or 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 impiled warranties of merchantability, no infringement and fitness for any purpose.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than company and its subsidiaries which are beyond company's control. Parties other than company may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use UsBizSale's logo(s) as part of a co-branding relationship. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of Company

Customer agrees that Company shall have the right to use advertisement on its website and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by UsBizSale customers and partners. Company shall have sole authority to choose the manner in which any advertisement will be received, displayed and used by the service, and reserves the right to remove all or any part of a advertisement or refuse services to anyone at any time in its sole discretion. Company shall have no obligation to resolve disputes among users of the service; or monitor or verify the accuracy or proper use of the advertisements. Company reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Company's web site.

Company requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the UsBizSale system. Members are not permitted to share their individual logon information with others. Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the UsBizSale service.

As a registered user, Customers hereby acknowledge and grant Company the permission to communicate with customers via email (as well as other communication channels such as phone and fax) for any Purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers.

Submission and Administration of Advertisements

All the registered user agree not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to UsBizSale unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the UsBizSale website. The Company may, in its sole discretion but without any obligation to search for such, remove a business listing (“Advertisement” or “Listing”) that is alleged to have been submitted in violation of this provision. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. The Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the UsBizSale website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. The Customer represents and warrants that all Businesses and associated information provided by the Customer will be accurate. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to UsBizSale.

Use of Information

Customer agrees to treat all information obtained from the Service, including business listings, business broker network, pricing reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Company. 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. 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 advertisement and will be assessed an excessive use fee of $1000 or more.

Business Broker Network

Broker Network privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing member only. These rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing member without the express written permission of company. Broker Network Membership privileges are subject to change from time to time and may be subject to additional business listing and searching limitations. Customer acknowledges that company can cancel and prohibit these privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Company also has the right to refuse service to any customer or company that has delinquent charges.

Broker Network Membership subscriptions will automatically renew at the prevailing subscription cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies UsBizSale Client Services (in writing or by email) 30 days prior to the renewal date. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

Unsolicited Commercial Email

Company prohibits the use of our 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 and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.

Miscellaneous

This Agreement of terms and conditions provided by Company shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of California. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices / concerns to policy/ies of the Company must be in writing and must be sent at info@usbizsale.com registered email with a return receipt requested to Chief Financial Officer at Company.

If you do not agree to these Terms and Conditions, do not submit information to, or access the Service.