The agreement below is between buysellbusinesses.com and its customer. buysellbusinesses.com customer includes the seller, the buyer and the broker. Acceptance of the terms and conditions is required for getting membership to the site. Acceptance of the terms contractually binds the customer and buysellbusinesses.com to this agreement and its provisions as stated below. Accepting customer membership is the prerogative of buysellbusinesses.com
buysellbusinesses.com provides business for sale listing and search service for franchises, business sellers, business buyers and business brokers. The service enables business sellers / brokers to list their business/s for sale and allows buyers or brokers to access business listings and to contact sellers.
buysellbusinesses.com - Is a Website for franchises, business sellers and business brokers to list businesses for sale.
Sellers: Refer to business owners that wish to list their businesses expressly for sale though the buysellbusinesses.com website. The seller is an individual and is expected to be the owner of the business or the person that has the rights to list the service for sale.
Brokers: Refer to individuals that have the right to represent either the seller or the buyer. The broker must have the right to list a business for sale on behalf of the seller or have the right to search and assist the buyer in buying a new business.
Buyer: Is an individual who wishes to search a business with the intention of buying it.
Business refers to physical businesses and legally approved businesses.
Listing of Service
The listing of business or the access of listings through the buysellbusinesses.com web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end customer AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and buysellbusinesses.com
Customer Information and Email Communication
buysellbusinesses.com requires the following information from its customers while registration: First Name, Last Name and a valid email address. All members are expected to maintain a valid email address at all times. The email address will be used as the login-ID and to communicate with buysellbusinesses.com and others interested in your service. It is your responsibility for keeping this information confidential. You are also responsibile for any and all actions that take place using your account. You agree to immediately notify buysellbusinesses.com of any unauthorized use of your password or account or any other breach of security. buysellbusinesses.com cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
As a part of registering to be a buysellbusinesses.com customer, you are explicitly granting buysellbusinesses.com the permission to communicate with you via your email phone and fax. buysellbusinesses.com may communicate with you regarding system messages, product updates, service announcements, other marketing messages and other information as considered relavant for your membership with buysellbusinesses.com . buysellbusinesses.com will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will buysellbusinesses.com has any liability for sending any email to its registered customers. buysellbusinesses.com uses the email of the registered customers to only communicate information or offers about buysellbusinesses.com. We will not use this system to send mass offers for our registered customers. It is your responsibility to maintain a valid, working email address. Should your email address become nonfunctioning for any length of time, buysellbusinesses.com has the right to suspend your ad and membership from the database until you have notified buysellbusinesses.com that the email address is once again able to receive email. It is your responsibility to respond to email inquiries from potential buyers in a timely fashion.
Submission and Administration of Listings
buysellbusinesses.com reviews every listing before it is posted. Once a posting is submitted it may be posted between 24 to 72 hours of submission. buysellbusinesses.com may, in its sole discretion but without any obligation to search for such, remove businesses that are alleged to have been submitted in violation of this provision. In addition, buysellbusinesses.com 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. buysellbusinesses.com will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. It is the reposibility of customers to only submit business for listing along with details such as descriptions, financials, photographs, contact or other information contained in each business's data to buysellbusinesses.com that it owns or 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 buysellbusinesses.com website.
buysellbusinesses.com does not guarantee any business or inquiries due to listing your business on our site.
buysellbusinesses.com shall have the sole authority to choose the manner in which any Business will be searched or displayed or accessed and may modify the business listing for the purpose of listing on the buysellbusinesses.com Website in the exercise of its rights under this Agreement. It is the customers responsibility to ensure that all Businesses and associated information submitted are accurate and the customer agrees to administer the Businesses information provided to keep it current and accurate at all times. buysellbusinesses.com accepts no responsibility for checking the accuracy of information submitted for any business by the Customer. While buysellbusinesses.com shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to buysellbusinesses.com
Use of Information
Customer agrees to treat all information and listings obtained from the Service as proprietary to buysellbusinesses.com Customers agrees that information and listings reserved for members will be maintained as confidential and shall be protected as a trade secret of buysellbusinesses.com buysellbusinesses.com does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such listings at the Customer's own risk. Customer may access the listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use Listings 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 Listings 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.
buysellbusinesses.com reserves the right to change its pricing model at any point and customers will have to start paying the fee from a reasonable time period forward. For all deals made between customers using the Listing on the buysellbusinesses.com website, the buyer pays directly to the seller. buysellbusinesses.com is not involved or responsible for payments or the delivery of goods for deals.
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts or for penalties shall be the responsibility of and paid for by Customer. If payment is not current, buysellbusinesses.com may immediately cease to provide any and all Deliverables to the customer.
Customer may cancel their buysellbusinesses.com membership by emailing firstname.lastname@example.org or using the Contact Us page. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. If at any point, buysellbusinesses.com decides to charge a service fee, the membership will be deactivated at the end of the current billing term. buysellbusinesses.com reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing buysellbusinesses.com with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Broker Services Membership privileges are granted by buysellbusinesses.com to individuals exclusively and are granted specifically to the subscribing Brokers only. Broker Services Membership rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing Broker Member without the express written permission of buysellbusinesses.com. Broker Membership privileges are subject to change from time to time and may be subject to business listing and searching limitations. Customer acknowledges that buysellbusinesses.com (in addition to its other remedies) can cancel and prohibit Broker Membership 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. buysellbusinesses.com also has the right to refuse service to any customer or company that at its discretion.
Unsolicited Commercial Email (Spam)
buysellbusinesses.com 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 buysellbusinesses.com offers to send spam (i.e. Unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. buysellbusinesses.com has the right to revoke the privileges of any customer or company that breaches these terms.
Ownership and License Grant
buysellbusinesses.com retains all rights (including intellectual property rights), title and interest in the buysellbusinesses.com Web site 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 to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of buysellbusinesses.com's technology or delete or alter author attributes or copyright notices. Customer shall use the buysellbusinesses.com system solely for their own use and shall not allow others to use the buysellbusinesses.com system under or through that Customer's login ID/email and password.
Limitation of Liability
IN NO EVENT SHALL Buysellbusinesses.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Buysellbusinesses.com SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SERVICE. Buysellbusinesses.com IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless buysellbusinesses.com and the Corporation that owns this Website, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the buysellbusinesses.com Service; ii) unauthorized access to or alteration of your communications with or through the buysellbusinesses.com Service, or iii) any other matter relating to the buysellbusinesses.com Service. Any business transactions which may arise between users from their use of buysellbusinesses.com are the sole responsibility of the users involved.
YOU UNDERSTAND AND AGREE THAT YOU USE buysellbusinesses.com AND ITS RELATED SERVICES AT YOUR OWN RISK. buysellbusinesses.com’s SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
Links to Third Party Sites
The Site may contain links to third party Web sites. These linked Web sites are not under the control of buysellbusinesses.com. These links are provided only as a convenience to you and not as an endorsement by buysellbusinesses.com of the contents of such third party Web site. buysellbusinesses.com does not make any representations, warranties or conditions regarding the accuracy of materials on such third party Web sites, the information appearing thereon or any of the products or services described. Links do not imply that buysellbusinesses.com sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of buysellbusinesses.com. If you access third party Web sites you do so at your own risk and it is your responsibility, not the responsibility of buysellbusinesses.com, to take any and all appropriate protective measures before linking to these third party Web sites, including without limitation to guard against viruses and other destructive elements. buysellbusinesses.com is not responsible for the contents of any page linked to the Site or any other page not under its control.
Other Rights of buysellbusinesses.com and its Owner
Customer agrees that buysellbusinesses.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by buysellbusinesses.com customers and partners. buysellbusinesses.com 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. buysellbusinesses.com 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. buysellbusinesses.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on buysellbusinesses.com web site.
The Deliverables provided by buysellbusinesses.com shall be governed by the laws of the Province of British Columbia (Canada), without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the Provincial and Federal courts of British Columbia, BC, Canada. 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 buysellbusinesses.com, 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 Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at buysellbusinesses.com
Notices. Any demand, notice or other communication (the “Notice”) to be given in connection with the Agreement shall be given in writing on a Business Day and may be given by personal delivery or by transmittal by facsimile addressed to the recipient as follows:
In the case of buysellbusinesses.com:
Attn: President, buysellbusinesses.com
Any Notice given by personal delivery will be deemed to have been given on the day of actual delivery and if transmitted by facsimile before 3:00 pm on a Business Day, will be deemed to have been given on that Business Day and if transmitted by facsimile after 3:00 pm on a Business Day, will be deemed to have been given on the next Business Day after the date of transmission.
Exclusivity. You agree not to enter into an agreement with anyone else regarding the Services.
Public relations and marketing. Customer acknowledges and confirms that buysellbusinesses.com conducts public relations and marketing activities from time to time. Customer grants buysellbusinesses.com a non-exclusive, royalty-free, non-assignable license to use Customer’s name, logo and the nature of the Services provided as reference in public relations and marketing materials and presentations, provided however, that such materials and presentations shall not include any Customer Confidential Information. Customer may, upon prior written notice to buysellbusinesses.com, revoke such license and authorization, allowing buysellbusinesses.com a reasonable time period to modify or change such material or presentations.
Assignment. User shall not assign this Agreement or any part thereof or any of its rights hereunder without the prior written consent of buysellbusinesses.com which shall not be unreasonably withheld.
Governing Law. This Master Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Parties hereto irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of British Columbia. Canada.
Entire Agreement. This Agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the Parties, both written and oral, relating to the subject matter hereof, and sets forth the entire complete and exclusive agreement and understanding between the Parties hereto relating to the subject matter hereof; no party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.
Amendment. Except as expressly provided in this Agreement, no amendment, supplement, restatement or termination of any provision of this Agreement is binding unless it is in writing and signed by each Party.
Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party (a “Force Majeure Event”). In the case of a Force Majeure Event, the affected party, upon giving prompt written notice to the other party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference, provided that the affected party shall use commercially reasonable efforts to avoid or remove such causes of non-performance and to perform with dispatch whenever such causes are removed or cease to exist.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original agreement and all of which shall constitute one agreement. All counterparts shall be construed together and shall constitute one and the same agreement. This Agreement, to the extent signed and delivered by means of electronic transmission (including, without limitation, facsimile and Internet transmissions), shall be treated in all manner and respects as an original agreement and should be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.
Further Assurances. User shall at any time and from time to time, upon each request of buysellbusinesses.com, execute and deliver such further documents and do such further acts and things as buysellbusinesses.com may reasonably request to evidence, carry out and give full effect to the terms, conditions, intent and meaning of this Agreement.
Binding Effect. This Agreement shall be binding upon and endure to the benefit of the Parties hereto, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and permitted assigns.
Severability. If any covenant or provision, or portion thereof, of this Agreement is determined to be void or unenforceable such void or unenforceable covenant or portion thereof, is hereby concede to be severable from the balance of this Master Agreement; such a determination shall not, in any event, affect or impair the validity of the balance of the covenant or provision, nor shall it affect or impair the validity of any other covenant or provision herein contained.
Non-Waiver. No waiver of any breach of any provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. Failure by buysellbusinesses.com to exercise any of its rights or remedies hereunder or its delay to do so shall not constitute a waiver of those rights or remedies. The single or partial exercise of a right or remedy by buysellbusinesses.com shall not prevent its subsequent exercise or the exercise of any other right or remedy.
Language. The Parties hereto have requested that this Agreement and all correspondence and all documentation relating to this Agreement, be written in the English language. Les parties aux présentes on exigé que la présente entente, de meme que tout la correspondance et la documentation relative à cette entente, soien rédigées en langue anglaise.
Currency. Unless otherwise stated, reference to the sums of money herein refer to law money of Canada
Headings. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and will not affect the constructions or interpretation of the Agreement.
Copyright. We own or license all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes, and nothing otherwise stated or implied in the Service confers on you any license or right to do so.
PRIVACY OF INFORMATION
The Personal Information Protection Act (“the Act”) regulates the way private sector organizations within British Columbia, Canada collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual. buysellbusinesses.com Inc recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our service.
We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.
buysellbusinesses.com Inc may also use third-party companies to provide various services when you visit this website. buysellbusinesses.com Inc is not responsible for the privacy practices of external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website.
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at: email@example.com
By issuing this website you acknowledge that:
(a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
(b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and
(c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee and assume no responsibility for verifying the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We do not share any personal information with third parties, and we do not send advertising to our members.
(a) Customer acknowledges that:
(i) buysellbusinesses.com Inc maintains all right, title or interest in and to all intellectual property relating to the Services mentioned above, the buysellbusinesses.com Inc website and this Agreement or any part thereof, including, without limitation, all patent and industrial design rights, integrated circuit topography rights, copyright, commercial know how, trade secrets, trade names and trademarks (the “Intellectual Property”); and
(ii) Any improvements to the Services and the Intellectual Property, even if specifically adapted by buysellbusinesses.com Inc for use by the user in connection with the Services, are and shall remain the exclusive property of buysellbusinesses.com
(b) User shall not:
(i) Without written permission from buysellbusinesses.com Inc display or use any of buysellbusinesses.com Inc trademarks and any such display or use does not grant to User any rights in such trademarks; and
(ii) Copy, replicate, store, reverse-engineer, publicly disclose or use any Intellectual Property for any purpose other than as expressly permitted by this Agreement.
Limitation of Liability.
(c) User agrees that buysellbusinesses.com Inc shall not be responsible or liable to any User and agrees to indemnify buysellbusinesses.com Inc for any loss, cost (including lawyers and court costs), damage, injury, liability, claim, penalty, fine, interest or any cause of action whatsoever resulting howsoever from or in connection with: (i) the Agreement; (ii) the provision of any of the Services; (iii) any interruption of any of the Services howsoever caused; (iv) any Services provided by a third party provider.
(d) For greater certainty and in no event shall buysellbusinesses.com Inc be liable for any indirect, special, incidental or consequential damages in connection with or arising out of the performance or non-performance of this Agreement howsoever caused including, without limitation, any business or economic loss whatsoever even if buysellbusinesses.com Inc has been advised of the possibility thereof.
(e) buysellbusinesses.com Inc makes no representations or warranties to Customer or any other person or entity, whether express, implied, or statutory, as to description, quality, merchantability, completeness or fitness for any purpose of any service provided hereunder or described herein or as to any other matter, all of which warranties by buysellbusinesses.com Inc are hereby excluded and disclaimed.
Privacy and Confidentiality
Obligations. Each Party acknowledges that all Confidential Information is confidential or proprietary and that disclosure of such Confidential Information to third parties may cause the other Party to suffer considerable damages. Except as otherwise provided in this Agreement, each Party agrees that, for the Term of this Agreement and at all times following its expiration or termination for any reason whatsoever, it shall:
(i) Not use any Confidential Information for any purposes other than in furtherance of this Agreement;
(ii) Maintain the secrecy of the Confidential Information using the same means that it uses, or would reasonably be expected to use, to protect its own confidential and proprietary information;
(iii) Not disclose any Confidential Information to a third party without the prior written consent of the other Party;
(iv) Only disclose the Confidential Information to the other Party’s representatives who have a need to know the information in order to carry out their duties and obligations pursuant to this Master Agreement; and
(v) Require that all such representatives of the other Party understand and acknowledge their obligation and willingness to preserve and hold such Confidential Information in confidence consistent with the terms of this section 8, and all such representatives must be bound by confidentiality provisions substantially to the same effect as the confidentiality provisions of this Agreement.
to Disclosing Party. The Receiving Party acknowledges that the Confidential Information supplied to it by the Disclosing Party shall remain the exclusive property of the Disclosing Party subject to any licences granted hereunder both before and after the completion of the Party’s obligations pursuant to this Agreement.
No Representations. Except as otherwise provided in this Agreement, no Party makes any representations or warranties to another Party about the adequacy, accuracy or suitability of the Confidential Information for any purpose.
(vi) Any breach of the provisions of this section 8 entitles the aggrieved Party to seek equitable relief, including such injunction or injunctions as may be required to prevent any further breach of any of the provisions of this section 8 and an order for specific performance of the provisions hereof.
(vii) The specific remedies set out herein are in addition and without prejudice to any other remedy to which either Party may be entitled under this Master Agreement, at law or in equity.
(viii) The Parties acknowledge that certain information collected, used and disclosed pursuant to this Agreement may constitute personal information pursuant to applicable federal or provincial privacy legislation (the “Privacy Laws”) and may be regulated by the Privacy Laws and other Applicable Laws. The Parties agree that any such information will:
(1) Be collected, used and disclosed in accordance with Applicable Laws, including the Privacy Laws, and
Be used and disclosed in connection with the Services provided hereunder.
(2) Be used and disclosed in the course of an actual or potential sale, reorganization, consolidation, merger or amalgamation of the buysellbusinesses.com Inc business.
(ix) In the event that Customer directs buysellbusinesses.com Inc to disclose to a third party certain personal information collected by the Customer and disclosed to buysellbusinesses.com Inc pursuant to the terms of this Agreement, Customer:
(1) Represents and warrants that Customer has the authority, including but not limited to the necessary consents, to authorize the disclosure of personal information by buysellbusinesses.com Inc to the third party; and
(2) Shall indemnify, defend and hold buysellbusinesses.com Inc, its directors, officers, employees, agents, and representatives harmless from and against all claims, demands, penalties, fines, losses, liabilities, damages and other expenses arising from such use or disclosure of the personal information.
Effects of Termination. In addition to any other rights and obligation set out herein, upon termination of this Agreement and/or any Schedule:
(x) Each Party shall, in respect of Confidential Information, return the Confidential Information that it has received to the other Party on or before any date as may be specified by the other Party in writing, in a timely manner, and if so requested by the other Party, ensure that all copies of the Confidential Information have been destroyed;
(xi) User shall pay to buysellbusinesses.com Inc all outstanding amounts due and payable under this Agreement up to the termination or expiry date;
(xii) buysellbusinesses.com Inc shall, upon the Users prior written request, make available to User upon the date of termination and not thereafter, certain data contained in the Database Data in a form and in a format as determined by buysellbusinesses.com Inc in its sole discretion;