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BizBen® Terms of Use

(Last modified: August 16, 2022)

Introduction and Agreement

This website, BizBen.com (the "Site"), is owned and operated by BizBen, Inc., a California corporation (“BizBen). These Terms of Use apply to the national version of the Site, located at www.bizben.com. By using or accessing this Site, you hereby agree that you are at least eighteen (18) years of age, you acknowledge and agree to all the terms and conditions of the following Terms of Use and our separate Privacy Policy, and you have the right and authority to acknowledge and agree to such terms and conditions. In addition, by listing your business for sale through this Site's "Sell It Yourself" service you acknowledge and agree to all Sell It Yourself Terms and Conditions as set forth herein below.

I. GENERAL TERMS AND CONDITIONS.
Scope of Service

BizBen is an online business that provides advertising, searching, and information services for business buyers, business owner/sellers, business brokers/agents, and interested individuals (collectively, the “Service”). BizBen does not broker or sell businesses directly and is never a party to any transaction between business buyers and sellers. As a result, BizBen does not (a) guarantee or ensure any business or any transaction between a buyer and seller or any result from using the Service, (b) collect payment or process transfer of ownership on behalf of buyers or sellers, (c) broker or sell any businesses for sale; nor (d) act as an agent, fiduciary, representative, or advisor to any Site user, including, without limitation, a business broker, loan broker, money transmitter, payment manager, debt collector, or credit reporting agent.

User License; Permitted Use

BizBen hereby grants to you a non-exclusive, non-transferable, and non-assignable license to access and use the Service for the sole purpose of evaluation and use for your own personal and noncommercial use, subject to terms and conditions of these Terms of Use (“Permitted Use”). Your use of the Service or the Site, including but not limited to posting a business, franchise, business opportunity, service, product, or other thing of value, whether or not for a fee, shall be restricted to the Permitted Use only.

Site Content

While you may access all information, images, materials, documents, graphics, designs, compilations, and other content available on this Site, including, without limitation, business listings, broker directories, and valuation reports, (collectively "Content") as necessary for the Permitted Use, you may not use, reproduce, copy, adapt, modify, decompile, dissemble, decode, reverse engineer, use data mining or extraction tools on, display, distribute, perform, publish, repost, translate, create derivative works from, sell, or exploit any portion of the Content in any other way or for any other purpose without the prior written consent of BizBen, nor shall you provide, disclose or transmit any portion of the Content to any direct or indirect competitor of BizBen (collectively, “Unpermitted Use”). Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, BizBen, Inc., 440 N. Wolfe Road, Sunnyvale, CA 94085, USA.

Proprietary and Intellectual Property Rights

The Content, except the User Material (as defined below), is proprietary to BizBen and its licensors, and is protected by copyright and other U.S. and international intellectual property laws. you agree to treat the Content as proprietary and maintain it as confidential at all times. You agree not to copy, use, publish, misappropriate, or otherwise infringe upon or dilute any copyright or international intellectual property rights included in or associated with the Content, and you agree not to alter or remove any copyright or other intellectual property right notice from any copies of the Content.

Software

All software related to the Service, including, without limitation, all HTML and other code contained in this Site (collectively, "Software"), is proprietary to BizBen and/or its licensors and is protected by the copyright laws and intellectual property laws of the U.S. and international treaties. Any unauthorized access to, reproduction, redistribution, publication, display, or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the fullest extent possible. All software (and third-party software, if any) available in the Site is provided “as is,” without warranties or promises, whether express or implied, or by statute, common law, custom, usage, or otherwise, including any express or implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, performance, non-infringement, or that your use of the software will be uninterrupted, virus-free, or error-free, and the entire risk as to use of the Software (and third-party software if any) shall be with you.

Copyrights and Copyright Agents

It is the policy of BizBen.com to respond to claims of intellectual property infringement. BizBen will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, U.S.C. § 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:

Business Exchange Network, Inc., Attn: Joshua Kim, 440 N. Wolfe Road, Sunnyvale, CA 94085, USA, Phone: 888.212.4747 / 408.667.3815

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate said Content;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
User Materials; User’s License to BizBen

By submitting ads, listing, information, text, links, graphics, photos, image, audio, video, or other materials (collectively, "User Materials") to the Site, you hereby grant to BizBen a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to use, reproduce, copy, adapt, modify, decompile, dissemble, decode, reverse engineer, display, distribute, perform, publish, repost, translate, create derivative works from, sell, and exploit any portion of such User Materials, in connection or without connection with the Service, in any form, media, software, or technology of any kind now existing or developed in the future. You further grant to BizBen a royalty-free right and license to use your name, image, and likeness in connection with the use of the User Materials. BizBen shall have sole authority and discretion to choose the manner in which any User Material will be received, searched, displayed, accessed, downloaded, copied, and otherwise used on the Site by the Service, and BizBen reserves the right to modify or remove all or any part of the User Material at any time for any reason.

Representations; Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights, and permissions to submit the User Material to the Site or its Forums; (b) the User Material submitted by you does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party, including any rights of privacy or publicity; and (c) the User Materials do not and will not violate any applicable laws, rules, or regulations including, but not limited to, any automobile advertising laws or regulations, real estate advertising laws or regulations, or cause injury to any person. You agree to defend, indemnify, and hold BizBen, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of the User Materials you provide; (ii) your use of the Site or any reliance on the Content; (iii) your breach of these Terms of Service, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Prohibited Activities

In using the Service or the Site, you agree not to engage in any illegal or improper conduct, including, without limitation, the following: (a) engaging in activity or submitting User Material that may be offensive, harmful, violent, threatening, abusive, hateful, harassing, repetitive, confidential, or otherwise inappropriate; (b) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to bizben.com users or others; (e) engaging in activity or submitting User Material, or promoting information or conduct that is fraudulent, false, misleading, defamatory, slanderous, or libelous; (f) submitting User Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting User Material that displays pornographic or sexually-explicit User Material of any kind; (h) submitting User Material that provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting User Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as (but not limited to) contests, sweepstakes, barter, advertising, and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to bizben.com users; (l) using any robot, spider, or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; (o) taking any action that imposes an unreasonable or disproportionately-large load on BizBen's hardware and/or software infrastructure; or (p) engaging in any other activity or behavior that violates, directly or indirectly, any applicable federal, state, or local law, statute, ordinance, or regulation, or is otherwise contrary to public policy (collectively, "Prohibited Activities"). BizBen reserves the right to suspend or permanently ban any user who engages or attempts to engage in Prohibited Activities.

Interactive Forums

This Site may offer blogs, podcast posts, or other forums (collectively, "Forums") to users as tools to allow them to express and share their opinions and ideas. BizBen does not endorse or support any advice, opinion, statement, or information posted, shared, or otherwise provided by users on these Forums, nor does BizBen guarantee the completeness, truthfulness, accuracy, or reliability thereof. You should use your best judgment and be respectful of other users using these Forums. In any event, you may not use the Forums to engage in any Prohibited Activities. Uploading copyrighted or other proprietary User Material of any kind on the Site without the express permission of the owner of that User Material is prohibited and may result in civil and/or criminal liability.

Linked Website

This Site may include links to other websites not established or supervised by BizBen or its affiliates. BizBen does not endorse or support any advice, opinion, content, information, practices, products, or services related to or made available through such linked websites, nor does BizBen guarantee the completeness, truthfulness, accuracy, or reliability thereof.

Unsolicited Content

BizBen does not accept unsolicited Content or ideas for use or publication in its programming or in other digital, electronic, or print media except in connection with the Forums on the Site. BizBen.com shall not be responsible for the similarity of any of its Content or programming in any media to on any other site or medium.

Linking

If you operate a website and wish to link to the Site, you must link to the Site's home page unless you obtain a prior written permission by BizBen. BizBen reserves the right to reject or terminate any links to the Content or the Site.

BizBen Rights

Given the nature of the Site and the volume of messages and postings, BizBen cannot and does not continuously verify, monitor, or moderate all the User Material or third-party content available on the Site or its linked websites. However, BizBen reserves the right, in its sole discretion, but without any obligation, to verify, monitor, moderate, refuse to publish, remove, delete, move, or edit any User Materials or any other third-party contents without notice at any time for any reason. By using the Site, you expressly agree that BizBen (a) will not be liable for any claims, actions, or judgments arising out of or related to any User Materials or any other third-party contents and (b) may monitor, moderate, refuse to publish, remove, delete, move, or edit any User Materials or any other third-party content without notice or liability at any time for any reason; (c) modify, suspend, discontinue, or restrict the use of any portion of the Site or refuse the Service to anyone without notice or liability at any time for any reason.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. BIZBEN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE USER MATERIALS, THE THIRD-PARTY CONTENT, THE LISTING SERVICE, THE LISTING INFORMATION, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE USER MATERIALS, THE THIRD-PARTY CONTENT, THE LISTING SERVICE, THE LISTING INFORMATION, AND ANY OTHER RELATED INFORMATION ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND BIZBEN SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO BUSINESSES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. BIZBEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY BUSINESS AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF THE BUSINESS, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A BUSINESS ADVERTISED ON THE SITE. BIZBEN CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. BIZBEN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL BUSINESSES USING THE SITE ARE SUBJECT TO THE TERMS AND CONDITIONS OF PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES, OR DISCREPANCIES REGARDING A BUSINESS MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE BUSINESS. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, BIZBEN DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT YOU WILL SELL YOUR BUSINESS, OBTAIN AN ACCEPTABLE PRICE FOR YOUR BUSINESS, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR BUSINESS FOR SALE.

Limitation of Liability

BIZBEN, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE CONTENT, THE USER MATERIALS, THE LISTING SERVICE, THE LISTING INFORMATION, AND ANY OTHER RELATED INFORMATION, THESE TERMS OF SERVICE, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE, OMISSION, OR FAILURE TO ACT). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF BIZBEN, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50.00).

Termination of Service

You understand and agree that, in the sole discretion BizBen, and without prior notice, your access to this Site may be terminated or suspended, and BizBen may exercise any other remedy available and remove any User Materials, if BizBen believes that your use of the Site and/or any User Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of BizBen, any affiliate or licensor, or any other user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate; or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to BizBen for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that BizBen post a bond. BizBen is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in the sole discretion of BizBen, you have violated these Terms of Use.

Miscellaneous

These Terms of Use may be changed at any time at BizBen’s sole discretion, and you will be notified of any such changes by an updated posting of the new Terms of Use on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. These Terms of Service will be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Santa Clara County, California, within one (1) year after the cause of action arises, otherwise the cause of action is barred. You hereby consent to personal jurisdiction in the federal and state courts in Santa Clara County, California, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Failure by BizBen to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use or of any right of BizBen. These Terms of Use constitutes the entire agreement between the parties regarding the subject matter hereof. Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, or agency relationship or granting a franchise between the parties.

II. SELL IT YOURSELF TERMS AND CONDITIONS:

By listing a business through the Service or submitting any listing information, without limitation, text, photograph, financial, contact or any other information (“Listing Information”), to publish and advertise a business opportunity, you acknowledge and agree to these “Sell It Yourself Terms and Conditions” as set forth hereinbelow.

you agree not to submit through the Site any listing information in any forms of media, including, without limitation, text, photograph, financial, contact or any other information, to publish and advertise a business opportunity using the Service unless you have received all necessary rights, consents, and authorizations from the appropriate parties.

you (a) represent and warrant that all business and associated information provided by you will be accurate and does not contain any misrepresentations or unsuitable, inappropriate, or controversial content, and you have acquired or obtained all the required licensing, permits and legal authority to market and sell the business in the locations in which it is advertising; (b) agree that you will not permit the posting of a business on the Site 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) agree that you will publish only one listing 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 it as a business opportunity substantially different from that initially offered; (d) agree to administer and maintain the accuracy of listings provided by you at all times; (e) shall ensure (and shall require sales agents, if applicable) to respond to all buyer inquiries relating to the listing promptly and in a professional and respectful manner; and (f) agree to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision.

BizBen shall have sole authority and discretion to choose the manner in which any listing or Listing Information will be received, searched, displayed, accessed, downloaded, copied, and otherwise used on the Site by the Service, and BizBen reserves the right to modify or remove all or any part of the listing or Listing Information at any time for any reason. While BizBen shall make all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all information, photographs, and other materials you provide to Company.

Copyright © 2022 BizBen, Inc. / BizBen.com, 440 N. Wolfe Road, Sunnyvale, CA 94085, USA

BizBen® is a registered trademark/service mark of BizBen, Inc.