Terms of Use
Disclaimer: baystatebusinessbrokers.com is only a site
Our site acts as a site to list businesses for sale and buyers to express interest in and learn more about those businesses. Our listing of businesses for sale and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. We are not involved in the actual transaction between buyers and sellers. For that reason all buyers and sellers who utilize our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and BBA makes no representation or assurance about such compliance. While this Agreement requires that buyers and sellers provide accurate and complete information about themselves and businesses they may list for sale or express interest in, BBA cannot and does not confirm the buyer’s and seller’s purported identity and makes no inquiries about the accuracy of business listings. As a result, we have no control over the accuracy of the listings. the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in. BBA does not guarantee the accuracy or assume any responsibility whatsoever for the information provided. Each buyer is responsible for the performance and expense of its due diligence review prior to any acquisition. Any representations or warranties with respect to the business or the property of the business shall be contained in a definitive agreement, negotiated in good faith, and mutually agreed upon between the seller and the buyer.
Risk of Investment – Advice
The fact that BBA has made the data and services provided on this Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any business or service described on this Website is suitable or appropriate for you. Buying a business described on this Web site involves significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
Information
You hereby agree to provide complete and correct information to us, and maintain and update that information as circumstances require. As a Customer, you are responsible for your own content and are responsible for the consequences of any content you provide. The information you provide shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or non-owned items; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or you do not have a right to link to or include. BBA reserves the right to edit, restrict or remove any content you provide for any reason at any time.
Links to Other Websites and Services
This service may provide links to certain Internet sites (the “Sites”) sponsored and maintained by third parties. BBA is providing such links solely as a convenience to you. Accordingly, BBA makes no representations concerning the content of the Sites. The fact that BBA has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by BBA with respect to the Site, its owners, or its providers. BBA has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
Trademarks
Nothing on this site should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the written permission of the third party owner of the mark. Your use of the marks displayed on this site except as provided in this notice is strictly prohibited.
Copyright Policy
BBA reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. BBA may immediately terminate your use of, or access to, the site at any time it decides that you have breached this agreement, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of others.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, or copied, or otherwise exploited for any commercial purpose that is not expressly permitted by BBA. BBA reserves the right to refuse service and/or terminate relationships in our discretion, including, without limitation, if BBA believes that user’s conduct violates applicable law or is harmful to the interests of BBA.
Limitations of Liability
THIS SITE IS PROVIDED BY BBA ON AN “AS IS” BASIS. BBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BBA (AND OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Indemnity
You agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General
This site is created and controlled by BBA in the Commonwealth of Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of the foregoing is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HeadinBBA are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter therein. We reserve the right to make changes to our site, these Terms of Use and this Agreement at any time.