The submission of information to, and use of, the business listing service (“Service”) available through the Trademanner.com or any other similar website (the “Websites”) relating to a business for sale marketplace owned, operated. (“Company”) is subject to the following Terms of Use. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (“Customer” or “you”) AGREE TO THE FOLLOWING TERMS OF USE and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms of Use are a legal agreement between Company and you (the “Agreement”).
If you do not agree to these Terms of Use, do not submit information to, or access information from, the Service. Company may update these Terms of Use at any time and without notice.
GENERAL PROVISIONS
Business for Sale Advertising Service
The Service is an online business advertising, searching and information service. Company does not broker or sell businesses directly and is not a party to any transaction between the business purchaser and seller. As a result, Company does not (a) guarantee or ensure any business or any transaction between the seller and purchaser, (b) act as a business broker, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Service, or (c) broker or sell any businesses for sale on the Websites.
License Grant and other Rights of Company
With respect to listings, content and other information Customer submits to Company through the Service (“Customer Content”), Customer grants Company and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use listings and other information submitted to it for publication of all or part of such listing on the Internet for unrestricted use by Company customers and partners. This license you grant Company includes the express permission for Company to use and display the Customer Content you provide to Company, or any modification thereof, on the Websites and other Company-affiliated or partner products and sites. Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Company shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings. Company reserves the right to modify or change any and all Terms of Use at any time.
Company Communication
Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby consents to Company communicating and grants Company permission to communicate with customer via email (as well as other communication channels such as phone) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use commercially reasonable to honor Customer’s request to opt out of marketing messages, but in every circumstance Company shall comply with applicable law with respect to such opt-out request and under no circumstances will Company have any liability for sending any email to its registered users/customers. With respect to sharing any personal data with third parties, Company does so in compliance with applicable law.
Customer Privileges
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered customer only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Customer ID and a password, which shall be utilized for logging on to the Company system. Customers are not permitted to share their individual logon information with others. Company has the right to refuse service to any customer that refuses to abide by the Terms of Use herein or abuses their rights related to the Company service.
Submission and Administration of Listings
Customer agrees not to submit through the Websites any Customer Content containing, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Service unless Customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs.
Customer agrees not to submit any image to Company which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Company reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent the business opportunity or category exclusively, and do not include any broker logos, contact information, website addresses, phone numbers, or any overlay text or graphics of any kind.
Only one listing on the Company Websites published using the Service is permitted for each business opportunity (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. 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 Company Websites. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Company shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all business and associated information provided by Customer will be accurate – and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising;
(b) agrees that Customer will not permit the posting of a business on the Websites under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner;
(c) agrees to administer and maintain the accuracy of listings provided by Customer at all times;
(d) shall ensure (and shall require its sales agents, if applicable) to respond to all buyer inquiries relating to the listing (i) within seventy-two (72) business hours and (ii) in a professional and respectful manner;
and (e) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision. In addition, Customer agrees not to advertise a business opportunity as an Established Business unless such a business (1) is open and has been continuously operating, (2) has an established customer base and a material revenue history, and (3) has ability to provide financial history information to qualified buyers. Company reserves the right to remove all or any part of the listings posted on the Company Websites for any reason at any time.
Customer agrees that all communication from interested parties shall occur through the contact form and/or phone number included on the contact form, and Customer agrees to not include any contact information within any other portion of the listing.
Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. While Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Company.
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