SellBizToday - Terms of Use and Privacy Policy

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on December 1, 2009.

This Terms of Use Agreement sets forth the standards of use of the SELLBIZTODAY.COM Online Service. By using the SELLBIZTODAY.COM website, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SELLBIZTODAY.COM. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. By using SELLBIZTODAY.COM to search for businesses, sell businesses, or by using the website in any way, means that you completely agree with our policies set forth and fully understand our Business Buyer and Seller Agreements, Terms of Use, and any other policies outlined on the website. If you do not agree with the Business Buyer and Seller Agreement, Terms of Use, or any of our policies and guidelines, then you are not give permission to use the SELLBIZTODAY.COM website and will not attempt to conduct business with SELLBIZTODAY.COM. If for any reason you do not understand what is set forth in SELLBIZTODAY.COM’s Business Buyer and Seller User Agreement, the Terms of Use, or any other policy set forth on the website, we suggest you hire an attorney to assist you in your understanding.

Except as provided in this paragraph, this Agreement may not be amended.

Description of Service: SELLBIZTODAY.COM is providing Members with the ability to post businesses for sale and to contact business owners, franchises, and brokers. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. When contacting a franchise, business seller, business broker, or any other type of selling body on SELLBIZTODAY.COM, your contact information is recorded into our database and is used to register you on the website.
Disclaimer of Warranties: The site is provided by SELLBIZTODAY.COM on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, SELLBIZTODAY.COM makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SELLBIZTODAY.COM shall have no liability for any interruptions in the use of this Website. SELLBIZTODAY.COM disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. SellBizToday.com cannot be held responsible for advertisements or listings submitted by business sellers or owners, business brokers, franchise companies, financial institutions, real estate agents, or any other form of advertiser. SellBizToday is merely a lead generating advertising service.
Limitation of Liability: "SELLBIZTODAY.COM" SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SELLBIZTODAY.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SELLBIZTODAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification: Member agrees to indemnify and hold SELLBIZTODAY.COM, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service: SELLBIZTODAY.COM reserves the right to modify or discontinue the Service with or without notice to the Member. SELLBIZTODAY.COM shall not be liable to Member or any third party should SELLBIZTODAY.COM exercise its right to modify or discontinue the Service. Member acknowledges and accepts that SELLBIZTODAY.COM does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Legal Franchises and Non Legal Franchises: Some of the franchises listed on SELLBIZTODAY.COM may not legally be a franchise. Consultants, brokers, and dealers of all Franchises must have the permission of the franchises they list on our site. SELLBIZTODAY.COM will not be held liable for any legal action or costs stemming from a member listing a Franchise opportunity without the proper permission. Please make sure you understand and that you have taken the proper measures to list your franchise opportunities legally.
Third-Party Sites: Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. As a part of your membership, we may advertise your listings on other websites like Craiglist, Twitter, and others. If you do not agree with our inclusion of your listings on other sites, please reconsider your membership with us. We are not held liable for any responses or spam from social networks as they are out of our control. You acceptance as a member of SellBizToday waives any lawsuit or legal action stemming from the use of your listings on other sites outside of SellBizToday.com. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Repercussions and Risks: By using SELLBIZTODAY.COM and any of the services it provides, you accept full responsibility and all risks or repercussions that could stem from using our service. You will in no way hold SELLBIZTODAY.COM’S owners, investors, officers, management, directors, or employees accountable for any damages, loss, legal consequence, or anything else that would result from the use of SELLBIZTODAY.COM’S services, which include the purchase of businesses, franchises, commercial properties, and all business related opportunities on or off the website. You also agree to not hold SELLBIZTODAY.COM responsible and to defend its owners, investors, business sponsors, business partners, contractors, financial institutions, directors, or employees from attorney’s fees and all claims and expenses that could arise by your use of SELLBIZTODAY.COM or its affiliates.
Buying & Selling Advice: SELLBIZTODAY.COM does not provide business, legal, or financial advice related to purchasing businesses, franchises, or any business opportunity listed on our site. If you need advice before making a business decision concerning any business related matter or listing on SELLBIZTODAY.COM, we suggest that you utilize the advice of a lawyer, accountant, financial advisor, business consultant, or whomever you feel comfortable with personally, to assist you in your buying or selling goals.
Non Disclosure Terms & Agreement: SELLBIZTODAY.COM is very serious about keeping our information private and protecting our individuality. All dealings by site users on SELLBIZTODAY.COM must be kept confidential between both the user and our site. By using our site, the user agrees that they are responsible for all financial damages stemming from the misuse of our site. Any company, website, or business entity, especially other business for sale listing websites may not use our information or the SELLBIZTODAY.COM website without written permission from the President of SELLBIZTODAY.COM LLC. . If for any reason you do not understand what is set forth in SELLBIZTODAY.COM’s Non Disclosure Terms & Agreement, Business Buyer and Seller User Agreement, the Terms of Use, or any other policy set forth on the website, we suggest you hire an attorney to assist you in your understanding. These companies do not have permission to use SELLBIZTODAY.COM in any manner.
Disclaimer Regarding Accuracy of Vendor Information: Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While SELLBIZTODAY.COM makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. SELLBIZTODAY.COM makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Pennsylvania: Our website is operated and provided in the State of Pennsylvania. As such, we are subject to the laws of the State of Pennsylvania, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Pennsylvania.
Compliance with Laws: Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Spamming & Unauthorized Users: SellBizToday does not condone spamming and will legally pursue any person or business that uses our site to contact members in any manner outside of normal usage. Email contact forms, which are found on all listings of SELLBIZTODAY.COM, may not be used to send marketing emails to solicit Business Sellers, Franchises, Brokers, Buyers, or any other member of SELLBIZTODAY.COM. The fee for contacting any member of SELLBIZTODAY.COM through contact forms for marketing and solicitation will be no less than $1000.00 per unauthorized incident. Please seek legal consultation if you have trouble understanding this process.
Copyright and Trademark Information: All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 SELLBIZTODAY.COM, with all rights reserved, or is the property of SELLBIZTODAY.COM and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SELLBIZTODAY.COM is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SELLBIZTODAY.COM. SELLBIZTODAY ™ and SELLBIZTODAY.COM ™ are proprietary marks of SELLBIZTODAY.COM. SELLBIZTODAY.COM’s trademarks may not be used in connection with any product or service that is not provided by SELLBIZTODAY.COM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SELLBIZTODAY.COM. All other trademarks displayed on SELLBIZTODAY.COM’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with SELLBIZTODAY.COM. SELLBIZTODAY.COM does not allow the database of members, website layouts, images, contacts, or any information on the website to be copied, transferred, or extracted for any purposes. Any site or person that is found to have used our layout or contents for personal gain, will be fully pursued by us in the Court System of the State of Pennsylvania. All attorney fees and other legal fees will be the responsibility of the guilty party or parties.
Notification of Claimed Copyright Infringement: Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SELLBIZTODAY.COM designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail [2726 Wooster Dr. Allison Park, PA 15101] By Email: [info@sellbiztoday.com]
Botnets: SELLBIZTODAY.COM retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, SELLBIZTODAY.COM reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Subscriptions and Refund Policy: There are a few secure options to pay for your membership to SellBiztoday.com. All membership accounts including business brokers, franchises, or any advertisers will be billed to your credit card if you choose a recurring payment method. Subscribing members have the option to pay a flat fee once per year and they will not be billed again until the following year. Please monitor the website for any pricing changes that may arise over the course of your membership. SellBizToday.com’s pricing plan will increase from time to time with or without notice and it is the member’s responsibility to cancel their subscription before their next billing date. Please go to the “Contact Us” page and simply email us if you need any changes made to you account. We are willing to work with you in most situations, although we are not obligated to refund your money once your service has initialized.
Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SELLBIZTODAY.COM, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.