General Terms and Conditions

The submission of information to, and use of, the business listing service ("Service") available through the BizQuest web site (located at http://www.BizQuest.com) is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and BizQuest, an operating division of LoopNet, Inc. (“BizQuest” or the "Company").

If you do not agree to these Terms and Conditions and to the Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: General Manager, BizQuest, 185 Berry Street, Suite 4000, San Francisco, CA 94107. Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the BizQuest website at http://www.bizquest.com/support/terms.asp

GENERAL PROVISIONS

Company Communication

Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.

Customers' Use of Information

All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties.Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content 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 Content 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 and will be assessed an excessive use fee of $500.

Payment Terms

Customer agrees to pay for all products ordered through the BizQuest web site, or via the BizQuest sales team or client services personnel using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of BizQuest products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for business listings and other products are not refundable.  No partial month refunds will be provided.
If Customer has a question about cancellation, Customer should contact BizQuest Client Services at service@bizquest.com or at 888-280-3815. The Company 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 provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made by contacting BizQuest Client Services at service@bizquest.com or at 888-280-3815. BizQuest does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify BizQuest about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to BizQuest's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Unsolicited Commercial Email (Spam)

Company 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 Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.

Termination

BizQuest reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of BizQuest services, nonpayment of fees owed by you in connection with BizQuest services, account inactivity or technical or security issues. Upon termination, BizQuest shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant

Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the BizQuest 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 Company's technology or delete or alter author attributes or copyright notices. Customer shall use the BizQuest system solely for their own use and shall not allow others to use the BizQuest system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Company (and Company's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers

THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR FINDAFRANCHISE MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FINDAFRANCHISE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. FINDAFRANCHISE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO FINDAFRANCHISE'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FINDAFRANCHISE'S WEB SITE, INCLUDING LISTINGS, SERVICE, RECENTSALES INFORMATION AND FINDAFRANCHISE MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FINDAFRANCHISE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than Company which are beyond Company's control. Parties other than Company may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use BizQuest's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the BizQuest site. Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the BizQuest site, the site you will land on is not controlled by Company and different terms of use and privacy statements may apply. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of Company

Customer agrees that Company shall have the right to use information submitted to it for any purpose, including without limitation for publication on the Internet for unrestricted use by BizQuest customers and partners. With respect to any business listing (“Listing”) information and other information submitted to Company, Customer agrees to grant Company and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such Listing content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Customer also agrees that Company shall have the right to combine any Listing information with business listing information from BizQuest affiliates, partners and/or third parties, and shall have the right to post or re-post such Listing content, independently or in combination with other business listing information, for unrestricted use by BizQuest customers and partners. Customer further agrees that Company shall have the right to combine business customer information, both confidential and non-confidential, including but not limited to business names, business addresses, business phone numbers, business e-mail addresses, business billing information, and other data regarding its business customers with similar information it maintains or with similar information from BizQuest affiliates, partners and/or third parties. Where confidential business customer information is combined with other business customer information, the confidential information will continue to be treated as confidential business customer information.

Company shall have sole authority to refuse Services to anyone at any time in its sole discretion. Company 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 Franchise Directory. Company 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 Company's corporate web site at http://www.bizquest.com/support/terms.asp.

Copyright Complaints

If you believe that your work has been copied onto BizQuest in a way that constitutes copyright infringement, please provide BizQuest's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BizQuest that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on BizQuest, with identifying information for the listing, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Address for BizQuest's copyright agent:
2100 E. Route 66, Suite 200
Glendora, CA 91740
Attn: Maribeth Mann
Phone: (800) 725-3872 ext. 5017
Email: mmann@loopnet.com

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

Brokers and Agents

Any Customer who identifies himself or herself as a broker or agent on the BizQuest web site member registration form or otherwise purports to be a broker on BizQuest’s web site hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed.  The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker.  BizQuest does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the web site.  It is your responsibility to confirm the licensed status of any brokers listed on the BizQuest web site.

Governing Law

This Agreement, and the Deliverables provided by BizQuest, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. 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.

Assignment

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 BizQuest, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of BizQuest to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

Notices

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 General Manager at BizQuest.

Entire Agreement

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.

BROKER MEMBERSHIP PROVISIONS

The following provisions of BizQuest's Terms and Conditions are specifically and only applicable to Broker Membership:

Broker Membership

Broker Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing Broker Member only. When choosing an “area served” which displays on the BizQuest Broker Directory, customer is indicating that customer is authorized to act as an intermediary for business transactions in that state and county. Broker members may not use a Broker account to list businesses for sale when the Broker member is an employee or owner of said business or when the Broker member holds a financial stake in the business being offered for sale. Standard Broker membership accounts are limited to an individual business broker or agent, and to no more than twenty (20) total business listings at any given time. Broker Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Broker Member without the express written permission of Company. Broker Membership privileges are subject to change from time to time and may be subject to additional business listing and searching limitations. Customer acknowledges that Company (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. Company also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Broker or other membership privileges.

Broker Member subscriptions will automatically renew at the prevailing monthly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies BizQuest Client Services (in writing) 30 days prior to the renewal date. A Broker Membership is fully refundable only within the first 30 days of purchase provided that Customer provides timely notification to Client Services in writing. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

Listing Restrictions

Customer acknowledges that business listings will only be added to the BizQuest web site if all contacts added to that listing are also subscribing individual members. Standard Broker membership accounts are limited to no more than twenty (20) total business listings at any given time. Additional business listing limitations may be negotiated individually between BizQuest and Customer. All listings must be added in accordance with the Submission and Administration of Listings terms, as above. Company reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms. Company reserves the right, in its sole discretion, to remove any listing from the Service.

FRANCHISE DIRECTORY PROVISIONS

The following provisions of BizQuest's Terms and Conditions are specifically and only applicable to Franchise Directory:

Franchise Directory

BizQuest's Franchise Directory provides Leads (as defined herein) to Customer on a cost per lead or fixed fee basis. Franchise Directory customers are billed a one-time set-up fee, and for leads delivered on a monthly basis. The one-time set-up fee includes the creation of an online brochure (from content provided by Customer) and one round of revisions prior to the brochure being posted on the site. Any subsequent revisions, prior to launch, will incur additional fees. The Customer will be billed via credit card and is charged for leads that are not “Invalid”. Customers will not be billed for Invalid Leads defined as Leads that are: (a) located outside of the 50 United States, or (b) are duplicates of Leads received during the same month for the same franchise concept, or (c) include demonstrably invalid information for both phone number and email address. Customer and BizQuest will utilize their best efforts to review the validity of Leads. Customer may submit leads for credit to BizQuest during the month they are received and/or within the first five days of the following month (prior to the invoice being charged). Any leads determined by BizQuest to be Invalid, and therefore non-billable, will beremoved from the current bill. The Customer’s invoice is sent on the 1st business day of the month for leads received in the previous month. Invoices will be charged on or after the 5th of the month.

A “Lead” is defined as: a user who submits information to be contacted by the sponsor franchise, and such user includes its (i) first and/or last name, (ii) mailing address or desired location, (iii) phone number and/or email address, and (iv) user available capital. All Lead submissions to Franchise Directory sponsors are executed by the party submitting the Lead. It is the policy of BizQuest to not resell Leads to other third parties.

Cancellations may be made at any time, but are effective at the end of the month when notice of cancellation is received. Cancellations must be received by either email or in writing.

Last Updated:  December 6, 2013

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