Last Modified: June 8, 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Vetted Biz LLC Terms and Conditions of Use (“Terms”) apply to your access to and use of the www.vettedbiz.com website and platforms (collectively, the “Site”) and all services provided by Vetted Biz LLC (“Company,” “we,” “our,” or “us”), including without limitation our business for sale marketplace (“Services”). By accessing or by using our Site or using our Services, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site or Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site or Services.
If you have any questions about these Terms or our Site or Services, please contact us at firstname.lastname@example.org.
2. Our Services
Our Services include an online business and franchise advertising, searching, and information service. Company does not broker or sell businesses or franchise opportunities directly and is not a party to any transaction between the business or franchise purchaser and seller. As a result, Company does not (a) guarantee or ensure any business, any franchise opportunity, or any transaction between the seller and purchaser, (b) act as a business broker, franchisor, loan broker, money transmitter, payment manager, debt collector, or credit reporting agency, and does not guarantee any results from using the Services, or (c) broker or sell any businesses or franchise opportunities on the Website.
3. User Content
Our Site may allow you and other users to create, post, store, and share content, including business and franchise listings, financial data, messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
If you submit any User Content to us, including through the Site, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us, 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.
Company shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Services, 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 Services; or (ii) monitor or verify the accuracy or proper use of the listings.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Company is under no obligation to edit or control your User Content or the User Content of any other User and will not be in any way responsible or liable for any User Content. You understand that when using the Services, you may be exposed to User Content of other users and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Company with respect to User Content. Company expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform with these Terms and Conditions of Use, Company may investigate the allegation and determine in Company’s sole discretion whether to remove the User Content, which Company reserves the right to do at any time and without notice.
4. 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, SMS, text message, telephone, or other electronic means for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Your carrier’s normal, messaging, data, and other rates and fees will apply to these circumstances. Company will use commercially reasonable measures 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.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
· Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
· Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
· Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
· Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
· Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
· Develop or use any applications that interact with our Site without our prior written consent;
· Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
· Bypass or ignore instructions contained in our robots.txt file; or
· Use our Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
You may also post or otherwise share only User Content, if our Site allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
· Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
· Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
· Impersonates, or misrepresents your affiliation with, any person or entity;
· Contains any private or personal information of a third party without such third party’s consent; or
· Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content.
Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
6. Customer Privileges
Customer privileges are granted by Company to the registered customer only. Customer 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 and Conditions of Use herein or abuses their rights related to the Company Services.
7. Submission and Administration of Listings
In addition to the provisions of Section 5, Prohibited Conduct and Content, 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 Services 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 Website. 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 Website and Company shall have the right to modify the listing in the exercise of its rights under these Terms. 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 Website 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 for a minimum of one year (two years for internet-based businesses), (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 website.
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.
8. Use of Information
All information obtained from the Services, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Services (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, 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 Services 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 Services 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 Services. Customer shall not access or use any portion of the Services if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Services 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 SERVICES IN AN ABUSIVE OR EXCESSIVE MANNER, BY AUTOMATED OR MANUAL MEANS, SHALL BE SUBJECT TO IMMEDIATE TERMINATION OF THEIR MEMBERSHIP AND WILL BE ASSESSED AN EXCESSIVE USE FEE OF $500.
Company reserves the right to terminate a Customer’s account at any time without prior notice. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions 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 these Terms from Customers who are alleged to have submitted businesses or other information in violation of these Terms.
10. Payment Terms
A. Generally. You may be required to pay fees to access certain features of the Services, including if you list a business or purchase buyer leads. All fees are in U.S. dollars and are non-refundable. If Company changes the fees for all or part of the Services, including by adding fees or charges, Company will provide you advance notice of those changes. If you do not accept the changes, Company may discontinue providing the applicable part of the Services to you. Company’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Company to charge all fees as described in these Terms and Conditions of Use for the Services you select to that payment method. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Company to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Company may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your product-specific agreement, you may cancel a Subscription Service by contacting us at: email@example.com or through your settings page for the paid feature.
11. Unsolicited Commercial Email
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 and Conditions 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. Customer’s contact information supplied via the email services shall be used by Company in accordance with its Privacy Statement located at https://www.vettedbiz.com.
12. Ownership and Feedback
The Site, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.
13. Limitation of Liability and Indemnification
EXCEPT AS REQUIRED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
COMPANY AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO A REFUND TO CUSTOMER OF THE TOTAL FEES PAID TO COMPANY HEREUNDER, AND IN NO EVENT SHALL COMPANY’S LIABILITY FOR ANY REASON EXCEED SUCH FEE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its affiliates, officers, directors, contractors, employees, and agents (individually and collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. You agree to promptly notify Indemnified Parties of any third-party claims, cooperate with Indemnified Parties in defending such claims and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorney’s fees). You also agree that Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party claims. This defense and indemnification obligation will survive these Terms and your use of the Services.
Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
14. Warranty Disclaimers
COMPANY PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING COMPANY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS AND CONDITIONS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER CONTENT, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Links to Third Party Sites
16. Copyright Policy
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 and Conditions 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 (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, Company’s DMCA registered agent can be reached as follows: by mail to Copyright Officer, Corporate Creations, 801 US Highway 1, North Palm Beach, FL 33408; by e-mail to firstname.lastname@example.org; and by telephone at 561-694-8107. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
17. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts in Miami-Dade County, Florida.
18. Modifying and Terminating Our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the provisions of these Terms (excluding our license grants to you) will survive any termination or suspension.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
When you register to participate in our Services, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
23. Contact Us
If you have any questions about these Terms, please contact us at:
Vetted Biz LLC