Terms & Conditions
1. General
Entirety of Agreement to Be Bound:
These Terms & Conditions ("terms") govern your every use of this Website ("site"), in any and all useable capacities that may exist. You agree to obey and be legally bond to these terms.
Variation:
You agree that the terms are a "living document" meaning that it will and can be updated at anytime, without notice, for any reason, becoming enforceable immediately even if you are unaware. You agree it is your duty to check these terms as frequently as you use BizRetire's site in any capacity. If defintions are at question, you agree that BizRetire (also referred to as "Advertiser") and their agents may define, or redefine, and definition as they see fit, in any context or situation.
Termination:
BizRetire reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the site and BizRetire may, in its sole discretion and without advance notice to you, cancel any outstanding access and/or listings. If your access to the Website is terminated, BizRetire reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until BizRetire chooses, in its sole discretion and without advance to you, to terminate it.
Cessation of Operations:
BizRetire may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and fulfillment of access or listings.
PRODUCTS AND REFUND POLICY
Products
Terms of Offer. The Website offers two types of Accounts, Buyer accounts and Seller accounts, which allow the viewing and posting of business for sale advertisements, respectively.
The Seller Product is the ability to display the business for sale listing to potential buyers. The seller product is solely for the advertisement on the Website. There is no guarantee that Buyers exist or will take interest in the advertisement. There are no warranties that you will sell your business using the Seller Product.
The Buyer Product is solely for access to view the advertisement board and Seller Product. There is no guarantee that business listings exist or that any business listings will meet your business buying criteria. We cannot/do not verify the authenticity or accuracy of the listings; it is the sole responsibility to do so when negotiating with the Seller.
Business Brokers are forbidden from using the Seller Product.
BizRetire operates in Arizona, and all products are sold and consumed in this state for the sake of online consumption and sales.
Refund Policy
Pro-rated monetary refunds will only take place if your specific product was non-functioning for more than 20% of the Product time length, otherwise no pro-rated refund will be granted. Non-functioning means that the fault of the function was Advertiser or Website related and it is the responsibility of the Buyer or Seller to notify the Advertiser if the Product was Non-Functioning, and they do so withing 3 business days. The burden of proof also rests on the Buyer or Seller when requesting a pro-rated refund.
Instances that are outside the control of the Advertiser, such as lost passwords, failed login attempts, logging in from a sanctioned country, acts of God, etc. will not be eligible for a refund. Refunds will not be granted for early sale or early purchase of businesses, since the product is not tied to outcome, rather it is tied to the ability to list an advertising (seller) or the ability to see the advertisements (buyer). Additionally, no refunds will be granted if your account was terminated by violating these terms.
The Advertiser may, in good faith, provide any type of refund they wish, to whomever they wish, for whatever reason, in unequal portions as they see fit. These refunds do not alter the Refund Policy or are they to be relied upon in the future by anyone.
Acceptable Use of the Site
You are granted a limited, non-exclusive, non-transferable right to view (Buyer) or post/edit (Seller) Product within the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Advertiser and Seller.
You must be at least 18 years of age to create an account with the Advertiser. By creating an account on the website you warrant and represent that you are at least 18 years of age.
This website may use Cookies, you consent to the use of Cookies if you decide to use the Website.
The Advertiser is NOT responsible for any damages resulting from use of this website.
If the Advertiser does not comply with your local, state, national, and/or international laws then you must stop use of the website immediately; it is your responsibility to know if the website is legal for your use and to follow all laws applicable to you.
You will not interfere with or disrupt the use and enjoyment of the Website by other users. You will not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, marketing, or product offers and not defame, harass, abuse, or disrupt other users of the Website or the Advertiser.
You will not mis-represent yourself as a Buyer or Seller. You will not mis-represent your business facts on the Product.
You will not resell or use material, information, ideas, or Product from this Website anywhere else.
You will not use this website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Intellectual Property
All information, logos, concepts, graphics, Product features, ideas, etc. on this Website is the sole property of the Advertiser and is only permissible to be used through the intended Product functionality through the Website.
Sellers who post Seller Product agree to allow all information, logos, documents, etc. to be displayed, discussed, and/or distributed by the Advertiser with a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, without liability or restriction.
DISCLAIMER OF WARRANTIES; THERE ARE NO WARRANTIES
Your use of this website and/or Product is at your own risk. This website is provided “as is” without any representations or warranties, express or implied. There are NO warranties, none, zero, nothing.
Without limiting the generality of the foregoing, the Advertiser makes no warranty:
- That the website will be constantly available, or available at all,
- That there will be any Buyers or Sellers using this website,
- That you will Buy or Sell a Business,
- That the Business information is accurate,
- That the information on this website or links to third-party websites are accurate, reliable, complete or timely,
- That the products offered on this website are better than enlisting the service of a professional like a Broker, Accountant, Attorney, etc.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you lack knowledge in relation to the purchase or sale of a business you should always consult a professional in fields such as, but not limited to, legal, financial, advisory, audit, accounting, etc.
PRIVACY
Advertiser believes strongly in protecting user privacy and providing you with notice of their use of data. Please refer to privacy policy, incorporated by reference herein, that is posted on the Website. Additionally, the Non-Disclosure agreement also dictates the Buyer’s handling of information and privacy therein.
Liability
Limitation of Liability
The Advertiser will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
(a) Misrepresentation made by Buyer or Seller,
(b) Opinions made by the Advertiser as fact concerning statistic that change or vary, such as Broker commissions, businesses for sale, etc.,
(c) For any indirect, special or consequential loss, or
(d) Any loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss, leak or corruption of information or data.
Exceptions to Limitations of Liability
If courts find that the Advertiser is liable you agree that your exclusive remedy, in law, in equity, or otherwise, will not exceed the purchase price of your product.
OTHER PARTIES LIMITATION OF LIABILITY
You agree that you will not bring any claim personally against Adertiser or their officers or their employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Advertiser officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Advertiser and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of, but not limited to:
(a) this Agreement or the breach of your warranties, representations and obligations under this Agreement,
(b) the Website content or your use of the Website content,
(c) the Products or your use of the Products,
(d) any intellectual property or other proprietary right of any person or entity,
(e) your violation of any provision of this Agreement, or
(f) any information or data you supplied to Advertiser.
When Advertiser is threatened with suit or sued by a third party, Advertiser may seek written assurances from you concerning your promise to indemnify Advertiser; your failure to provide such assurances may be considered by Advertiser to be a material breach of this Agreement. Advertiser will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Advertiser choice at its expense. Advertiser will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Advertiser against any claim, but you must receive Advertiser prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
ASSIGNMENT
Advertiser may transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with United States law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Arizona.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it would be modified in a manner that is consistent with the Advertiser’s intent, then that part will be deemed to be modified, and the rest of the provision will continue in effect. If a modification were not lawful then if any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, then that part will be deemed to be deleted, and the rest of the provision will continue in effect.