Terms of Use
Table of Contents
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Introduction & Overview
These Terms of Use, together with any documents incorporated herein by reference, including the Privacy Policy and any applicable subscription, listing, advertising, or service-specific terms, constitute a legally binding agreement between BuyBusiness and each person or entity that accesses or uses website located at www.buybusiness.com, any affiliated webpages, mobile interfaces, dashboards, communications tools, listing tools, lead forms, and related services made available by BuyBusiness, whether as a visitor, buyer, seller, broker, advertiser, subscriber, or other user.
BuyBusiness operates an online marketplace and publishing platform that enables users to discover, advertise, and inquire about businesses, franchises, and related opportunities, and to locate brokers or other service providers. BuyBusiness does not act as a broker, dealer, agent, intermediary, advisor, escrow provider, attorney, accountant, appraiser, lender, insurer, fiduciary, or representative for any user or transaction unless the parties have entered into a separate written agreement expressly stating otherwise and signed by an authorized officer of BuyBusiness.
BuyBusiness does not negotiate deals, structure transactions, verify legal ownership, confirm financial performance, perform due diligence, approve buyers or sellers, or facilitate the transfer of any business, franchise, equity interest, assets, leasehold, license, or other property right.
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
Definitions and Interpretive Rules
Defined Terms
- “BuyBusiness,” “Company,” “we,” “our,” or “us” means the owner and operator of the BuyBusiness platform and its affiliates, successors, and permitted assigns.
- “Platform” means the website located at www.buybusiness.com and all related services, software, content, communication tools, listing interfaces, dashboards, mobile-accessible pages, and features made available by BuyBusiness.
- “User” or “you” means any individual or entity that accesses, browses, registers for, submits content to, purchases services from, or otherwise uses the Platform.
- “Listing” means any advertisement, posting, profile, franchise opportunity, broker profile, business-for-sale entry, image, description, financial summary, teaser, communication, or other material published, uploaded, or submitted to the Platform by or on behalf of a User.
- “Seller” means any User that advertises or offers a business, franchise, asset package, ownership interest, or related commercial opportunity through the Platform.
- “Buyer” means any User that browses, requests information about, or seeks to acquire or invest in a business, franchise, asset package, ownership interest, or related commercial opportunity through the Platform.
- “Broker” means any User that advertises brokerage, advisory, intermediary, or related services or that posts Listings on behalf of another person or entity.
Rules of Construction
These Terms shall be interpreted fairly and not strictly for or against any party by reason of authorship. Headings are included for convenience only and do not limit the meaning of the operative text. The words “including,” “include,” and similar phrases shall be deemed to mean “including without limitation.”
Acceptance of Terms and Eligibility
Acceptance and Binding Effect
By accessing, browsing, registering for, purchasing from, posting on, or otherwise using the Platform, you represent and warrant that you have the full legal capacity, authority, and right to enter into these Terms and to perform your obligations under them. If you use the Platform on behalf of a company, trust, partnership, brokerage, fund, or other entity, you further represent and warrant that you are authorized to bind that entity to these Terms, and in that event the term “you” includes both you individually and that entity.
Minimum Age and Business Use
The Platform is intended only for persons who are at least eighteen years of age and who are legally capable of entering into binding contracts. Access or use by persons under eighteen is prohibited. You further acknowledge that the Platform concerns commercial opportunities and business-related content and is intended for lawful business, investment, and informational purposes only.
Compliance With Law
You agree to use the Platform only in compliance with all applicable local, state, federal, and international laws, rules, regulations, ordinances, licensing requirements, professional standards, and contractual restrictions. You are solely responsible for determining whether your use of the Platform, your Listings, your communications, your advertising practices, and any transaction you pursue are lawful in the jurisdictions that apply to you.
Nature of Platform and No Brokerage
Marketplace-Only Function
The Platform is a digital venue through which Users may publish Listings, search opportunities, exchange preliminary information, and identify potential counterparties or service providers. BuyBusiness is not a party to any discussion, negotiation, letter of intent, confidentiality agreement, purchase agreement, asset sale, stock sale, franchise acquisition, lease assignment, broker engagement, financing arrangement, or closing that may arise from use of the Platform.
No Broker, Fiduciary, Agent
BuyBusiness does not act and shall not be deemed to act as a broker, business broker, real estate broker, securities broker, intermediary, finder, negotiator, fiduciary, valuation expert, due diligence provider, legal advisor, tax advisor, accounting advisor, lender, insurer, escrow holder, title agent, or other professional representative for any User. BuyBusiness does not owe Users any fiduciary duties.
No Endorsement or Verification
BuyBusiness does not independently verify and does not guarantee the accuracy, completeness, legality, quality, profitability, ownership, condition, licensing status, financial performance, valuation, compliance status, or transferability of any Listing, broker profile, user representation, document, image, statement, or communication appearing on or through the Platform.
User Responsibility for Due Diligence
All Buyers, Sellers, Brokers, and other Users are solely responsible for conducting their own independent investigation, legal review, tax analysis, accounting review, valuation assessment, operational review, and commercial due diligence before relying on any Listing or entering into any discussion or transaction.
User Accounts and Security
Registration Obligations
To access certain features, you must register and provide info. You agree that all info you submit is true, accurate, current, complete, and not misleading.
Account Credentials and Security
You are solely responsible for maintaining confidentiality of your password, verification codes, and API credentials. You are fully responsible for all activity conducted through your account.
Verification and Screening Rights
BuyBusiness reserves the right to request identity info, business ownership info, or other documentation at any time as a condition of continued access. BuyBusiness may suspend or restrict access if risk or fraud is suspected.
Account Ownership and Non-Transferability
Accounts are personal to the registered User or business entity and may not be sold, assigned, sublicensed, shared, or transferred.
Communications and Notices
By creating an account, you consent to receive electronic communications from BuyBusiness regarding your account, Listings, inquiries, transactions, subscriptions, policy changes, and other operational matters.
Listings and User Content
User Content and Listings
The Platform permits Users to submit, publish, display, and transmit Listings and other content ("User Content"). You represent and warrant that you own or have all necessary rights, licenses, consents, and authority to submit and publish such User Content and that such content does not infringe upon any third-party rights.
Accuracy and Non-Misrepresentation
All Listings and User Content must be accurate, current, and not misleading. Any omission of material facts or misrepresentation of financial condition, ownership, assets, liabilities, licensing status, or legal standing of a business shall constitute a material breach of these Terms. You acknowledge that other Users will rely on your representations.
Platform License to User Content
By submitting User Content to the Platform, you grant BuyBusiness a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, adapt, publish, display, distribute, and promote such content in connection with operating, marketing, and improving the Platform.
Platform Rights Over Content
BuyBusiness reserves the right, in its sole discretion and without prior notice, to review, edit, reformat, categorize, restrict, suspend, or remove any Listing or User Content that it determines may violate these Terms.
Broker Participation
Broker Listings and Advertising: The Platform allows brokers and other third-party service providers to advertise services, publish Listings, and interact with Users. Brokers are independent third parties and are not employees, agents, representatives, or affiliates of BuyBusiness.
No Responsibility for Broker Conduct: BuyBusiness does not verify licensing, qualifications, regulatory status, or performance of any broker. You acknowledge that BuyBusiness shall not be responsible for any acts, omissions, errors, misrepresentations, negligence, fraud, or misconduct of brokers or other third parties.
Independent Relationships: Any agreements, commissions, fees, or arrangements between Users and brokers or other third parties are entered into independently and are not controlled, facilitated, or enforced by BuyBusiness.
Prohibited Conduct
General Restrictions
You agree not to use the Platform for any unlawful, fraudulent, deceptive, abusive, or harmful purpose.
Misuse of Data
You shall not scrape, harvest, extract, or aggregate data for unauthorized commercial use.
Fee Avoidance
You shall not circumvent the Platform’s fee structure by soliciting Users to transact outside the Platform.
Fraudulent Activities
Do not post illegal businesses, unlicensed operations, money laundering, or deceptive practices.
Interference and Abuse
You shall not transmit malware, spam, attempt unauthorized access, or burden the infrastructure.
Subscriptions, Fees, and Payments
Paid Services: Certain features may be offered on a paid subscription or fee-based basis. You agree to pay all applicable fees as disclosed at the time of purchase.
Billing and Renewal: Subscriptions may be billed on a recurring basis. By subscribing, you authorize BuyBusiness to charge your designated payment method until canceled.
No Guarantee of Results: BuyBusiness does not guarantee any specific outcome from use of paid services, including the sale of a business or generation of leads.
Refund Policy: Unless otherwise expressly stated, all fees are non-refundable once paid. BuyBusiness may provide refunds in limited circumstances at its sole discretion.
Suspension for Non-Payment: BuyBusiness reserves the right to suspend or terminate access to paid features or the entire Platform in the event of failed payment or chargebacks.
Intellectual Property Rights
Ownership of Platform Content: All content, design, layout, trademarks, logos, software, databases, text, and graphics provided by BuyBusiness are owned by or licensed to BuyBusiness.
Limited License to Users: BuyBusiness grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes.
Restrictions on Use: You shall not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any part of the Platform without prior written consent.
Disclaimer of Warranties
Platform Provided “As Is”: The Platform is provided on an “as is” and “as available” basis without warranties of any kind. BuyBusiness expressly disclaims all warranties (merchantability, fitness for particular purpose, non-infringement).
No Warranty as to Listings or Users: BuyBusiness does not warrant or guarantee the accuracy, legality, reliability, or quality of any Listing, User Content, or broker profile.
No Transaction Guarantee: BuyBusiness does not guarantee that any Listing will result in inquiries, negotiations, offers, or completed transactions.
No Professional Advice: All content is for informational purposes only and does not constitute legal, financial, tax, accounting, or professional advice.
Limitation of Liability
Exclusion of Damages: To the fullest extent permitted by applicable law, BuyBusiness and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, loss of business opportunity, loss of goodwill, or business interruption, arising out of or related to your use of or inability to use the Platform.
Cap on Liability: To the fullest extent permitted under Texas law, the total aggregate liability of BuyBusiness for all claims arising out of or relating to the Platform or these Terms shall not exceed the total amount paid by you to BuyBusiness, if any, during the twelve (12) months preceding the event giving rise to the claim.
Third-Party Conduct: BuyBusiness shall not be liable for any acts, omissions, conduct, statements, or representations of any User, broker, buyer, seller, or third party.
User Assumption of Risk: You acknowledge and agree that your use of the Platform and reliance on any content or interaction with any User is at your sole risk.
Indemnification
User Indemnity Obligation: You agree to defend, indemnify, and hold harmless BuyBusiness and its affiliates from any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of your use of the Platform.
Scope of Indemnity: Includes claims arising from your Listings, User Content, misrepresentations, breach of Terms, law violations, IP infringement, and disputes with other Users.
Defense and Cooperation: BuyBusiness reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully at your expense.
Platform Availability
Availability of Service: BuyBusiness does not guarantee that the Platform will be available at all times, without interruptions, secure, or error-free.
Modifications to Platform: BuyBusiness reserves the right to modify, suspend, restrict, or discontinue any part of the Platform at any time without notice.
No Liability for Changes: BuyBusiness shall not be liable for any modification, suspension, or discontinuation of the Platform.
Termination and Enforcement
Termination by BuyBusiness: We reserve the right, without notice, to suspend or terminate your access for any reason, including breach, fraud, non-payment, or risk exposure.
Termination by User: You may terminate your use of the Platform at any time by discontinuing access and canceling your account.
Effect of Termination: Your right to access the Platform will immediately cease. Provisions relating to liability, indemnification, IP, and governing law shall survive termination.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Texas. Any legal action shall be brought exclusively in the state or federal courts located in Texas, and you consent to such jurisdiction.
Dispute Resolution and Waivers
Disputes shall first be attempted to be resolved informally. Unresolved disputes shall be resolved through binding arbitration in Texas. You knowingly waive any right to trial by jury and participation in class-actions.
Electronic Signatures
All communications and agreements provided electronically satisfy legal writing requirements. Use of the Platform constitutes your electronic signature and assent.
Changes to Terms
We reserve the right to modify these Terms at any time. Updated Terms are effective upon posting. Continued use constitutes acceptance.
Force Majeure
BuyBusiness shall not be liable for failures resulting from causes beyond its reasonable control (acts of God, natural disasters, terrorism, power outages, etc.).
Severability
If any provision is held invalid, the remaining provisions shall remain in full force and effect.
Assignment
BuyBusiness may assign its rights without restriction. You may not assign your rights without prior written consent.
Entire Agreement
These Terms, with the Privacy Policy, constitute the entire agreement between you and BuyBusiness, superseding all prior agreements.
Final Provisions
No Waiver: Failure to enforce any right does not constitute a waiver. Independent Relationship: Nothing creates a partnership, employment, or fiduciary relationship. Survival: Disclaimers, liability caps, and governing law survive termination.
Contact Information
If you have any questions regarding these Terms, you may contact BuyBusiness.
legal@buybusiness.com