|
The submission of information to, and use of, the business listing service
("Service") available through the Star Entrepreneur web site (located at
http://www.Buy-Sell-A Business.com) is subject 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 Star Entrepreneur (“Star Entrepreneur” or the "Buy Sell
A Business").
If you do not agree to these Terms and Conditions, do not submit information
to, or access information from the website. All questions concerning this
Agreement should be directed to:
inquiries@buy-sell-a-business.com Star Entrepreneur may update these
terms and conditions at any time and without notice.
GENERAL PROVISIONS
Star Entrepreneur Communication
Star Entrepreneur utilizes email as a primary communication method with
customers. As a registered user, Customer hereby acknowledges and grants Buy
Sell A Business permission to communicate with customer via email or other
methods of communication for any purpose, Star Entrepreneur determines to
be relevant including, but not limited to, system messages, product or
service updates, service announcements and other marketing messages. Buy
Sell A Business will use best efforts to honor Customer’s request to opt out
of marketing messages, but under no circumstances will Star Entrepreneur
have any liability for sending any email to its registered users/customers.
Star Entrepreneur assures customer that under no circumstances will it
knowingly share personal and/or email information with any third party.
Payment Terms
Customer agrees to pay for all products/services ordered through the Buy
Sell A Business web site, or via Star Entrepreneur client services
personnel (“Client Services”) using the payment method indicated and
provides Star Entrepreneur express authorization to charge said fees to
their payment provider. Fees owed depend on the specific type and quantity
of Star Entrepreneur 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, Star Entrepreneur 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 month. Fees
paid for business listings and other products are not refundable. No
partial month refunds will be provided. Customer may cancel their Buy Sell A
Business product membership by contacting us only by email (http://www.Buy-Sell-A
Business.com/contactus.htm). All cancellation requests will be processed
within two (2) business days, and a cancellation confirmation will be
emailed to the email address on record for the account. The membership will
be deactivated at the end of the current billing term. Star Entrepreneur
reserves the right to change its fees or billing methods at any time. Buy
Sell A Business will provide timely notice to the affected Customers of any
such changes. It is Customer's responsibility to promptly provide Buy Sell A
Business with any contact or billing information changes or updates
(including email address, credit card numbers, etc.).
Submission and Administration of Listings
Customer agrees not to submit any business descriptions, photographs,
financial, contact or other information contained in each business's data to
Star Entrepreneur unless 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 Customer's
website or on the Star Entrepreneur website. Customer agrees not to submit
any image to Star Entrepreneur which contains inappropriate content. The
Star Entrepreneur may, in its sole discretion but without any obligation
to search for such, remove a business listing ("Business" or "Listing") that
is alleged to have been submitted in violation of this provision. In
addition, the Star Entrepreneur may require additional evidence of
compliance with this provision from Customers who are alleged to have
submitted businesses or other information in violation of this Agreement.
Each listing purchased by Customer on Star Entrepreneur is permitted for
one business for sale opportunity/entity, and may not be changed or edited
in an attempt to sell a different business entity. The Star Entrepreneur
will, in its sole discretion, terminate the accounts of, and refuse service
to, any Customer who repeatedly or knowingly violates this Agreement.
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 Star Entrepreneur
website. The Star Entrepreneur 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 Star Entrepreneur website
and Star Entrepreneur shall have the right to modify the business listing
in the exercise of its rights under this Agreement. Customer (a) represents
and warrants that all Businesses and associated listing information provided
by Customer will be accurate; (b) agrees that Customer will not permit the
posting of a business on the Star Entrepreneur system under a name other
than the named licensed business agents that have been engaged by the
business owner to market the business under the terms of a duly executed
listing agreement with the owner; (c) agrees to administer the listings
provided by Customer and maintain their accuracy at all times. Buy Sell A
Business reserves the right to remove all or any part of the Listings posted
on the Star Entrepreneur website. Star Entrepreneur accepts no
responsibility for checking the accuracy of reports or data files submitted
by Customer. Customer will be solely responsible for retaining back-up
copies of all information, photographs and other materials it provides to
Star Entrepreneur.
Customer Privileges
Customer privileges are granted by Star Entrepreneur to individuals
exclusively and are granted specifically to the registered member only.
Individual user rights cannot be assigned, sublicensed, distributed, shared,
viewed, accessed, or otherwise transferred to anyone without the express
written permission of Star Entrepreneur. Star Entrepreneur requires that
each registered user maintain a valid email address or Member ID and a
password, which shall be utilized for logging on to the Star Entrepreneur
system. Customers are not permitted to share their individual logon
information with others. Star Entrepreneur 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 Star Entrepreneur service.
Use of Information
Customer agrees to treat all information obtained from the Service,
including business listings, business broker directory, and any other
information otherwise made available to Customer in the Service
(individually and collectively, the “Content”) as proprietary to Buy Sell A
Business. Customer agrees that Content reserved for members will be
maintained as confidential and shall be protected as a trade secret of Buy
Sell A Business. Star Entrepreneur 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. 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 assessed an
undetermined fine.
Unsolicited Email (Spam)
Star Entrepreneur 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 Star Entrepreneur offers to send spam (i.e. unsolicited
commercial email) or otherwise send content that would violate these Terms
and Conditions. Star Entrepreneur has the right to revoke the privileges
of any customer or Star Entrepreneur that breaches these terms.
Ownership and License Grant
Star Entrepreneur retains all rights (including Intellectual Property
Rights, as defined below), title and interest in the Star Entrepreneur
website and all underlying technology and data including any enhancements
and improvements thereto as a result of providing the Deliverables
hereunder. Customer 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 Star Entrepreneur's technology or
delete or alter author attributes or copyright notices. Customer shall use
the Star Entrepreneur system solely for their own use and shall not allow
others to use the Star Entrepreneur system under or through that
Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights 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 Star Entrepreneur 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 Star Entrepreneur's entire liability under this
Agreement shall be a refund to Customer of the fees paid to Buy Sell A
Business hereunder, and in no event will Star Entrepreneur's liability for
any reason exceed such fee. Star Entrepreneur (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 Star Entrepreneur (and Star Entrepreneur'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 Deliverables.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties
other than Star Entrepreneur which are beyond Star Entrepreneur's
control. Parties other than Star Entrepreneur 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
Star Entrepreneur's logo(s) as part of a co-branding relationship. For
example, if you click on a banner advertisement the click may take you off
of the Star Entrepreneur site. Star Entrepreneur does not control, is
not responsible for examining or evaluating, and does not warrant the
offerings of, any of these businesses or individuals or the content of their
websites. Star Entrepreneur does not assume any liability for the actions,
product, or content of any of these and any other third parties. Buy Sell A
Business 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. When you click on a link that leaves the Buy
Sell A Business site, the site you will land on is not controlled by Buy
Sell A Business and different terms of use and privacy statements may apply.
(We encourage you to check the Terms & Conditions of these other websites).
Star Entrepreneur also does not assume, and expressly disclaims, all
liability for any viruses, worms, defects, or other malfunctions caused by,
resulting from, existing within, or in connection with such third party
sites and any links thereto.
Sellers Terms
Before advertising the sale of
a business, business opportunity or franchise on this website you should
carefully read the Terms and Conditions and in particular the Disclaimer as
well as the following terms. If you do not agree to be bound by all of
these, you should not advertise the sale of a business on this website.
A. This website is for the sale of entire businesses, business franchises
and/or business opportunities. Star Entrepreneur is not regulated by any
regulatory body and you are strictly prohibited from offering any form of
shares, bonds, securities, collective investment schemes or anything similar
via this website. Please contact Star Entrepreneur at the above address if
you have questions as to whether you can advertise on this website.
B. Star Entrepreneur provides this website which gives you the opportunity
to advertise the sale of your business, business opportunity or franchise.
Star Entrepreneur does not carry out any investigations or due diligence
into the buyers, sellers or brokers who use this website. Buy Sell A
Business strongly recommends that you make every effort to check and verify
offers personally or through your professional professional advisers/agents.
C. If you are contacted by a third party through your use of this website
who appears to be non bona-fide or who acts dishonestly or incorrectly in
any way or who contacts you for any other purpose than to negotiate the
purchase of the item you have advertised (such as sale of its services), you
will contact Star Entrepreneur via email with full details.
D. You warrant that the content of the advertisement you place on the
website will be true and accurate and hereby agree to indemnify Buy Sell A
Business for any claims, costs, losses, expenses or any damages it may incur
howsoever arising whether direct, indirect or consequential as a result of
your use of this website.
E. Star Entrepreneur reserves the right to refuse to upload or post any
business listing if we, in our reasonable opinion, consider such listing to
be improper, fraudulent or otherwise not bona fide.
F. Star Entrepreneur reserves the right to edit any business listing if
we, in our reasonable opinion, believe such editing will improve the quality
of the website.
G. The decision where to place a listing within the index of business
categories shall be at the sole discretion of Star Entrepreneur
Buyer's Terms
Before contacting a seller of a business through this website you should
carefully read the Terms and Conditions and in particular the Disclaimer as
well as the following terms. If you do not agree to be bound by all of
these, you should not contact a seller regarding the purchase of a business
on this website.
A. Star Entrepreneur provides this website which gives you the opportunity
to purchase businesses, business opportunities or franchises by contacting
persons who advertise on this website. Star Entrepreneur does not carry
out any investigations or due diligence into the buyers, sellers or brokers
who use this website. Star Entrepreneur strongly recommends that you make
every effort to check and verify offers personally or through your
professional advisers/agents.
B. If you are contacted by a third party through your use of this website
who appears to be non bona-fide or who acts dishonestly or incorrectly in
any way, or who contacts you for any other purpose than to negotiate the
purchase of the business, you will contact Star Entrepreneur via email
with full details.
C. You hereby agree to indemnify Star Entrepreneur for any claims, costs,
losses, expenses or damages it may incur howsoever arising whether direct,
indirect or consequential as a result of your use of this website.
Disclaimer
Star Entrepreneur accepts no responsibility for any loss or
damage you may suffer as a result of your use of this website unless that
loss comes about as a result of some fraud or serious misconduct on the part
of Star Entrepreneur.
Star Entrepreneur does not conduct any investigations or due diligence
into any parties advertising on this website and can accept no
responsibility nor liability whatsoever, for any claims, costs, losses,
expenses or damages howsoever arising whether direct, indirect or
consequential in respect of any omissions or consequences of actions taken
by users based on any information, opinions or advice contained within this
website. In addition, any advertisements on the website do not constitute a
binding offer so that acceptance by the user can bind the party advertising
on the website or Star Entrepreneur.
Miscellaneous
This Agreement, and the Deliverables provided by Star Entrepreneur shall
be governed by the laws of the State of Michigan, without reference to
conflict of laws principles. 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 rights under this Agreement or any license
granted hereunder may not be assigned, sublicensed or otherwise transferred
by Customer without the prior written consent of Star Entrepreneur, which
retains the right to withhold consent in its sole discretion. 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 to Star Entrepreneur must be in
writing and must be sent registered mail, certified mail, or overnight mail
with a return receipt requested to Executive Officer at Star Entrepreneur.
BUSINESS BROKER
MEMBERSHIP TERMS & CONDITIONS
The following
provisions of Star Entrepreneur's Terms and Conditions are specifically
and only applicable to Business Broker Memberships:
Business Broker Membership privileges are granted by Star Entrepreneur to
individuals exclusively and are granted specifically to the subscribing
Business Broker Members only. When choosing a “specialized area” which
displays on the Star Entrepreneur Business Broker Membership Directory,
customer is indicating that customer is authorized to act as an intermediary
for business transactions in that state and county. Business Broker
Membership rights cannot be assigned, sublicensed, distributed, shared,
viewed, accessed, or otherwise transferred to anyone other than the
subscribing Business Broker Member without the express written permission of
Star Entrepreneur. Business Broker Membership privileges are subject to
change from time to time and may be subject to additional business listing
and searching limitations. Customer acknowledges that Star Entrepreneur
can cancel and prohibit Member 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. Star Entrepreneur also
has the right to refuse service to any customer or Star Entrepreneur that
has delinquent charges that remain unpaid and to impose additional charges
to reactivate membership privileges where applicable.
Business Broker Member subscriptions will automatically renew at the
prevailing monthly subscription cost and the credit card number provided for
initial payment will be charged accordingly unless the customer notifies Buy
Sell A Business (in writing) 30 days prior to the renewal date. A Business
Broker Membership is fully refundable only within the first 30 days of
purchase provided that Customer provides timely notification to Client
Services in writing with explaination. The Star Entrepreneur reserves the
right to change its fees, payment frequency, or billing methods at any time.
The Star Entrepreneur will provide timely notice of any such changes.
If you are selling a business, business opportunity or franchise in the
capacity of a broker or agent you must register as a broker or agent on the
website.
You warrant that you have the full authority and permission to advertise
the business, business opportunity or franchise on the website from the
direct owner and in particular that you have not advertised a business,
business opportunity or franchise by simply taking it off a third party
intermediary or broker without the permission of the owner.
Listing Restrictions
Customer acknowledges that business listings will only be added to the Buy
Sell A Business web site if all contacts added to that listing are also
subscribing individual members. All listings must be added in accordance
with the Submission and Administration of Listings terms, as above. Buy Sell
A Business reserves the right to remove listings that are deemed excessive
in number or in violation of the Submission and Administration of Listings
terms. Star Entrepreneur reserves the right, in its sole discretion, to
remove any listing from the website.
Refunds
You can end your subscription, listings or advertisements
online by using options in your account login page. No pro-rated refunds are
available. To avoid being charged monthly subscriptions or advertising fees,
Star Entrepreneur must receive your cancellation notice one week in
advance of your listing/advertisement expires.
All fees are non-refundable and non-transferable. The websites
advertisements of subscribers and advertisers who cancel their membership,
or whose credit cards expire without first providing another card for us to
bill, may be removed.
Please ensure that your payment credit card details are kept up to date. If
we are unable to process payment from your card, we have the option to
cancel/suspend your subscription and advertisements until you provide a
valid credit card. You can do this by contacting us at
subscription@buy-sell-a-business.com. You will be asked for your user
name and password. You will still be liable for any outstanding payments
that could not be met when your account was suspended.
|
