Terms of Use
Welcome to BizQuest.com. Any use of the BizQuest website is subject to the following terms and conditions ("Terms of Use"). By submitting information to, or accessing information from, or using in any way the BizQuest website, you, the customer ("Customer" or "You") agree to the following Terms of Use. These Terms of Use are a legal agreement ("Agreement") between you and BizQuest, LLC ("BizQuest" or the "Company").
If you do not agree to these Terms of Use, do not submit information to, access information from, or use in any way, the BizQuest website. BizQuest may update these Terms of Use at any time and without notice. The latest version of the Terms of Use is available on the BizQuest website. All questions concerning this Agreement should be directed to: President, BizQuest LLC, 99 S. Raymond Ave. #106, Pasadena, CA 91105.
Disclaimer: BizQuest is only a venue
Our site acts as the venue for, among other things, sellers 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 users of our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and BizQuest makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves and businesses they may list for sale or express interest in, BizQuest cannot and does not confirm each user's purported identity and makes no inquiries about the veracity of business listings. As a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in. We cannot ensure that a buyer or seller will actually complete a transaction.
Information
You hereby agree to provide true, 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. BizQuest reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, we do not control the information provided by other users that is made available through our site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site, and be aware that there is the risk of dealing with underage persons or people acting under false pretense.
Copyright
The contents of this site and any products or services provided or sold by BizQuest, including the site's text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses for sale listed on the site, are the property of BizQuest or its content suppliers, and are subject to the copyright or other intellectual property rights of BizQuest and to the terms of licenses held by BizQuest. These materials are protected by US federal, state and international copyright laws and do not constitute material in the public domain. The manner in which the content is arranged and assembled (compiled) on this site is the exclusive property of BizQuest and is protected by US federal, state and international copyright laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this site, or of any products or services sold by BizQuest, is strictly prohibited. By submitting any information or other material to us, you automatically grant BizQuest a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed.
Trademarks
"BizQuest" is a registered trademark of BizQuest. All trademarks, service marks, trade names, trade dress and logos displayed on or contained in this site, or in any products or services sold by BizQuest, are the property of BizQuest or others, whether registered or unregistered marks. Nothing on this site or elsewhere 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 BizQuest or the third party owner of the mark. Marks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the marks. Your use of the marks displayed on this site, or in products or services sold by BizQuest, except as provided in this notice is strictly prohibited.
Copyright Policy
BizQuest values the copyrighted and trademarked materials it owns and that are owned by others. BizQuest therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. BizQuest 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. If you believe that any material contained in this site infringes your copyright, you should notify BizQuest of the alleged copyright infringement claim in accordance with the following procedure.
BizQuest will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act and other applicable intellectual property laws. Please send any notification of claimed copyright infringement to this site's designated Agent for Notice of Claims, President, 99 S. Raymond Ave. #106, Pasadena, CA 91105 or service@bizquest.com. To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for BizQuest to locate the material; contact information of the notifying party, such as address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BizQuest. BizQuest and its affiliates reserve the right to refuse service, terminate relationships, and/or cancel orders in their discretion, including, without limitation, if BizQuest believes that user's conduct violates applicable law or is harmful to the interests of BizQuest and its affiliates.
BizQuest retains all rights (including intellectual property rights), title and interest in the BizQuest website and all underlying technology and data, including any enhancements and improvements thereto. Customer will not and will not allow others to: decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of BizQuest'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 account.
Email Communication
BizQuest utilizes email as a primary communication channel with customers. As a Customer, and by submitting your information on the BizQuest website, you hereby acknowledge and grant BizQuest the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes BizQuest determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. BizQuest will use best efforts to honor Customers' requests to opt-out from receiving emails, but under no circumstances will BizQuest have any liability for sending any email to its users and customers.
Business Broker Memberships
Business Broker Memberships are granted by BizQuest to individuals exclusively and are granted specifically to the subscribing Member only. Membership rights and privileges cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing Member without the express written permission of BizQuest. Membership rights and privileges are subject to change from time to time and may be subject to certain limitations. Customer agrees to use the Membership to list valid, legitimate, established businesses for sale only. Additional charges will apply to accounts with more than twenty (20) listings posted. Customer acknowledges that BizQuest (in addition to its other remedies) can cancel and prohibit Membership rights and privileges to any individual, organization, or group that does not abide by the Terms of Use set forth in this Agreement and/or can refuse any or all membership rights and privileges.
Member subscriptions will automatically renew at the prevailing monthly subscription rate and the credit card number provided for initial payment will be charged accordingly unless the customer notifies BizQuest Customer Service prior to the renewal date. 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. BizQuest 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 any membership rights and privileges.
Payment Terms
Customer agrees to pay for all products ordered through the BizQuest website using the payment method indicated and provides BizQuest 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, BizQuest 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 current term. Customer may cancel their BizQuest Membership by emailing Customer Service (service@bizquest.com) or leaving a voicemail cancellation request (888-280-3815), or by using the Cancel Billing option in the Account section of the website. All cancellation requests will be processed within five (5) business days. The membership will be deactivated at the end of the current term. 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 email address, credit card numbers, etc.).
Links to Other Websites and Services
BizQuest is not responsible for the availability, content or accuracy of any other pages or other sites linked via this website. To the extent that portions of this site contain links to outside products, services and resources, all relationships are between users and outside providers and do not involve BizQuest, and any concerns about such products, services or resources should be directed to the particular outside provider. BizQuest does not guarantee or warrant the accuracy or completeness of the information or content included on other sites, nor the quality of products or services provided or sold.
Delivery and Return Policies
Where possible, all services and products of BizQuest will be delivered to the user or purchaser via the Internet and this website, or other electronic medium. To the extent that such delivery is not reasonably possible, BizQuest may elect to deliver the same by an overnight or other commercial delivery service. No BizQuest products or services may be returned and no refunds will be given for any items purchased from BizQuest.
Limitations of Liability
THIS SITE IS PROVIDED BY BIZQUEST ON AN "AS IS" BASIS. BIZQUEST 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, BIZQUEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIZQUEST 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 BizQuest (and our officers, directors, agents, subsidiaries 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. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, 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 Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General
This site is created and controlled by BizQuest in the State of California, USA. As such, the laws of the State of California 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. Headings 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.
