Legal

All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and property rights in Turkey, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of Company. Company 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. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). 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.

Term and Termination

The Company offers subscriptions to the Service through a number of products which vary and follow the term, renewal, and billing provisions as described below.

Company reserves the right to terminate a Customer’s membership at any time without prior notice. Cause for termination includes, but is not limited to, breaches or violations of the Terms of Use, requests by law enforcement, inappropriate, unsuitable, controversial, fraudulent or illegal activity by you, discontinuance or material modification of Company services, nonpayment of fees owed by you in connection with Company services, account inactivity or technical or security issues. Upon termination, Company shall have no obligation to maintain or forward any content in your account. In addition, the Company may require additional evidence of compliance with the provisions of this Agreement from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.

Payment Terms

Customer agrees to pay for all products ordered through the Company website, or via Company client services personnel (“Client Services”) using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of Company 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, Company may immediately cease to provide any and all Deliverables to the customer. Fees paid for business listings and other products are not refundable. No partial month (or partial term if longer than a month) refunds will be provided. Customer may cancel their Company product membership by contacting us only by email. 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. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer’s responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

The Customer must notify Company about any billing problems, disputes or discrepancies (“Disputes”) within ninety (90) days after charges first appear on their account statement. If Customer does not notify Company of a Dispute within ninety (90) days, Customer agrees to waive their right to dispute such problems or discrepancies.

Communication Tools and Email Services

Company prohibits the use of its 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 of Use. Customer may not use the listing contact form to promote products or services to the listing broker or business owner. Company has the right to revoke the privileges of any customer or company that breaches these terms. The email services that Company offers is intended to be used by users for business purposes. Customer has no expectation of privacy in its use of such email services.  Customer’s use of the email services constitutes consent to monitoring, retrieval and disclosure to third parties of any information provided within the email service.

Ownership

Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Websites 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 via manual or automated means (including the use of any robot, spider or other automated process): 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 Company system solely for their own use and shall not allow others to use the Company system under or through that Customer’s login ID/email and password. Further, customer shall not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

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 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 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 or the Deliverables.

Warranty Disclaimers

ALTHOUGH COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE LISTINGS AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” COMPANY DOES NOT ENDORSE OR RECOMMEND ANY COMPANY CONTENT ARISING OUT OF THE SERVICE AND CUSTOMER USES SUCH COMPANY CONTENT AT CUSTOMER’S OWN RISK. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE 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 IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

This website may contain hyperlinks or contact forms that connect you to other websites operated by parties other than Company 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 Company’s service. This includes links from advertisers, sponsors, and content partners that may use Company’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 Company site. Company 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. In addition, you may fill out a form that delivers, at your direction and consent, the information you submit to another site. Company does not assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the Company site or submit information through a form that is delivered to a third party site, such third party site is not controlled by Company and different terms of use and privacy statements may apply. 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.

Procedure for Making Notification of Claims of Copyright Infringement

Company and its affiliates respect the intellectual property of others, and Company asks those posting or transmitting any content to or through Company’s services or any associated websites to respect copyright law. It is the policy of Company to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on any Company website or Company’s other online services in a way that constitutes copyright infringement, you may notify Company according to the notice requirements of the Digital Millennium Copyright Act and any other applicable law. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.

Miscellaneous

This Agreement, the Service and the Deliverables provided by Company shall be governed by the laws of Republic of Türkiye, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the Republic of Türkiye. 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 Company, which retains the right to withhold consent in its sole discretion. The Terms of Use 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 Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to General Manager at Company.

BROKERWORKS MEMBERSHIP PROVISIONS

In addition to the General Provisions set forth above, the following additional provisions are specifically and only applicable to BrokerWorks Membership. In the event of a conflict between the General Provisions and the BrokerWorks Provisions, the BrokerWorks Provisions shall control.

BrokerWorks Membership

BrokerWorks Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing BrokerWorks Member only. When choosing an “area served” which displays on the Company BrokerWorks Directory, or when advertising a listing in a given location, Customer is indicating that Customer is legally authorized to act as an intermediary for business transactions in that location. Company does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the Websites. It is your responsibility to confirm the licensed status of any brokers listed on the Websites. BrokerWorks members may not use a BrokerWorks account to list businesses for sale when the BrokerWorks member is an employee or owner of said business or when the BrokerWorks member holds a financial stake in the business being offered for sale. BrokerWorks memberships are reserved for professional intermediaries who are actively involved in the brokering of business sales under a duly executed, active, and exclusive listing agreement with a business owner. BrokerWorks membership accounts are limited to an individual business broker or agent. BrokerWorks Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing BrokerWorks Member without the express written permission of Company. BrokerWorks 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 (in addition to its other remedies) can cancel and prohibit BrokerWorks Membership privileges to any individual, organization, or group that does not abide by the Terms of Use 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 that remain unpaid and to impose additional charges to reactivate BrokerWorks or other membership privileges.

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.

Listing Restrictions

Customer acknowledges that business listings will only be added to the Websites if all contacts added to that listing are also subscribing individual members including Agents as described below. All listings must be added in accordance with the Submission and Administration of Listings terms, as above. Listings may be for established businesses, business real estate for sale, business real estate for lease, or asset sales (e.g., sale of equipment, fixtures, applicable licenses, website domains, etc.). Customer may not delete then re-submit the same listing in order to affect the listing status on the Websites. Listings for businesses that are no longer active or available for sale must be immediately removed from the Websites. No start-up businesses or new franchise opportunities may be advertised on the Websites. Company reserves the right, in its sole discretion, to remove any listing from the Service. Company reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms.

Seller Provisions

In addition to the General Provisions set forth above, the following additional provisions are specifically and only applicable to the Company’s Seller Program. In the event of a conflict between the General Provisions and the Seller Lead Program Provisions, the Seller Lead Program Provisions shall control.

As used herein, the following terms shall have the following meanings:

“Seller Lead” means information about a business for sale, and the opportunity for a business broker to contact the seller of the business via the Website.

 “Seller Lead Match” happens when the Company provides a Seller Lead matching a business broker’s criteria (e.g. location, industry, business size, etc.) to that business broker via the Website.

If you are a business broker who would like to receive Seller Lead Matches, you may request participation via the Website and specify certain criteria (e.g. location, industry, business size, etc.). You may change such preferences at any time. however, for the next month you can always change your budget, or you may exit the Seller Lead Program and stop receiving Seller Lead Matches; it is up to you to earn the conversation with the seller of the business; each Seller Lead may result in to business brokers receiving Seller Lead Matches. 

BROKERWORKS AGENT PLAN PROVISIONS

In addition to the General Provisions set forth above, the following additional provisions of Company’s Terms of Use are specifically and only applicable to BrokerWorks Agent Plans. In the event of a conflict between the General Provisions and the BrokerWorks Provisions, the BrokerWorks Provisions shall control:

BrokerWorks Agent Plans

BrokerWorks Agent Plans are designed for business brokers (“Broker”) to allow their sales agents to be designated as a listing contact and gain additional exposure on Websites. By inviting an individual (“Agent”) to create an agent profile on your BrokerWorks account you certify that the person you are inviting is a sales agent working under your license and marketing businesses for sale for which you hold the listing agreement. You agree that no agent profile will be added for a fictitious person, and that each agent will have a single profile. Non-affiliated, third-party brokers or agents are not permitted to create an agent profile within a BrokerWorks account.  The Company may, in its sole discretion but without any obligation to search for such, remove Agent profiles that Company reasonably believes have been created in violation of these provisions.

FRANCHISE DIRECTORY PROVISIONS

In addition to the General Provisions set forth above, the following additional provisions of Company’s Terms of Use are specifically and only applicable to the Franchise Directory. In the event of a conflict between the General Provisions and the Franchise Directory Provisions, the Franchise Directory Provisions shall control:

Franchise Directory

Company’s Franchise Directory provides Leads (as defined here in) to Customer. Any third party marketing representative or agency wishing to advertise a franchise in the Franchise Directory must provide to Company written approval from the franchisor stating that such third party is the authorized marketing representative.

A “Lead” is defined as: a user who submits information to be contacted by the sponsor franchise, and such user includes its (i) first and/or last name, (ii) desired location, (iii) phone number and/or email address, and (iv) user available capital. All Lead submissions to Franchise Directory sponsors are executed by the party submitting the Lead. Customer shall not resell Leads received from the Websites to other third parties.

Customers will not be billed for Leads that are: (a) are duplicates of Leads received during the same calendar month for the same franchise concept, or (b) include demonstrably invalid information for both phone number and email address. Company will utilize its best efforts to review the validity of Leads.

Cancellations may be made at any time, but are effective at the end of the month when notice of cancellation is received. Cancellations must be received by either email or in writing.