Last Updated: February 14th, 2023
By using the business listing service (“Service”) provided by BizCanyon LLC (“Company”) through the BizCanyon.com website or any other similar website (“Websites”), you agree to be bound by the following Terms of Service. These Terms of Service constitute a legal agreement between you (referred to as “Customer” or “you”) and the Company.
If you do not agree to these Terms of Service, please refrain from using the Service.
GENERAL TERMS
Overview of the Service
The Service offered is an online platform for business advertising, searching, and information. It’s important to note that the Company does not directly broker or sell businesses nor does it participate in any transactions between buyers and sellers. Consequently, the Company does not guarantee the outcome of any business transaction, act as a business broker or loan broker, or ensure specific results from using the Service. Furthermore, the Company does not broker or sell any businesses listed on the Websites.
Business Advertising and Information Service
The Service offered is an online platform for business advertising, searching, and information. The Company does not directly broker or sell businesses, nor does it participate in any transactions between business sellers and buyers. Consequently, the Company does not guarantee or warrant any business or transaction, does not act as a business broker or loan broker, and does not provide financial services or credit reports. The Company does not guarantee specific results from using the Service, nor does it broker or sell any businesses listed on the Websites.
License Grant and Company’s Rights
Regarding the content, listings, and information (“Customer Content”) that you submit to the Company through the Service, you grant the Company, its affiliates, and their licensees a worldwide, perpetual, irrevocable, non-exclusive, fully sublicensable, and royalty-free right and license (including the right to sublicense) to use, reproduce, adapt, perform, display, publish, translate, create derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content. This license allows the Company to use and display your Customer Content on the Websites and other Company-affiliated platforms and products. The Company reserves the right to choose how the listings will be received, displayed, and used by the Service, and it may remove or refuse services for any reason at its discretion. The Company is not responsible for resolving disputes between users or verifying the accuracy of listings. The Company may modify or change the Terms of Service at any time.
Communication with Customers
The Company primarily communicates with customers via email, which is considered an essential channel of communication. By registering as a user, you consent to receive emails (as well as other forms of communication such as phone calls) from the Company for various purposes, including system messages, product updates, service announcements, and marketing messages. The Company will make commercially reasonable efforts to honor your request to opt out of marketing messages, but it complies with applicable laws regarding such opt-out requests. For more information on how the Company handles personal data, please refer to the Privacy Notice available at https://www.BizCanyon.com/privacy-policy.
Customer Privileges
Customer privileges are granted exclusively to individuals and are non-transferable. You are not allowed to assign, sublicense, distribute, share, view, access, or transfer your user rights to others without the express written permission of the Company. Each registered user must maintain a valid email address or Customer ID and a password for logging into the Company system. Sharing your login information with others is prohibited. The Company reserves the right to refuse service to customers who do not comply with the Terms of Service or misuse the Company’s services.
Submission and Management of Listings
Customer agrees not to post any Customer Content on the Websites that includes photographs, financial information, contact details, or any other listing information for advertising a business opportunity through the Service without obtaining the necessary rights, consents, and authorizations from the relevant parties, including photographers and copyright owners of the photographs. Customer also agrees not to upload any image to the Company that contains misleading or inappropriate content, or violates any terms of this Agreement. The Company reserves the right to remove any images that violate this provision.
Furthermore, Customer acknowledges that all images submitted for publication should exclusively represent the respective business opportunity or category, without including any broker logos, contact information, website addresses, phone numbers, or any overlaid text or graphics. Each business opportunity is limited to one listing on the Company Websites using the Service; multiple business advertisements within a single listing or multiple listings for the same opportunity are not permitted. Modifying or editing a listing to sell a different business entity is also prohibited.
Additionally, the Customer grants permission for the listing, or any part thereof, to be searched, displayed, accessed, downloaded, copied, and referred to by users of the Customer’s website or the Company Websites. The Company holds the sole authority to determine how a listing will be searched, displayed, accessed, downloaded, copied, and used on the Websites, and reserves the right to modify the listing in accordance with its rights under this Agreement.
The Customer represents and warrants that all business and associated information provided will be accurate. If applicable, the Customer confirms that it has obtained the required licenses, permits, and legal authority to market and sell the business(es) in the advertised locations. The Customer agrees not to post a business on the Websites under a name other than that of the business owner or the licensed business agents engaged by the owner under an active and exclusive listing agreement. The Customer agrees to consistently maintain the accuracy of the listings it provides and ensures that all buyer inquiries related to the listing are responded to within seventy-two (72) business hours in a professional and respectful manner. Furthermore, the Customer agrees to provide prospective buyers with the necessary information, free of charge, to enable them to make informed purchase decisions.
Moreover, the Customer shall refrain from advertising a business opportunity as an Established Business unless it meets the following criteria: (1) it has been open and operating continuously for at least one year, (2) it possesses an established customer base and a significant revenue history, and (3) it can provide financial history information to qualified buyers. The Company retains the right to remove any or all parts of the listings posted on the Company website.
The Company does not assume responsibility for verifying the accuracy of reports or data files submitted by the Customer. While the Company will make reasonable efforts for data backup and business resumption, it is the sole responsibility of the Customer to retain backup copies of all information, photographs, and other materials provided to the Company.
Information Use
All the information provided by the Service, including business listings, the business broker directory, valuation reports, and any other available information (referred to as the “Content”), is the proprietary property of the Company and its licensors. The Content is protected by copyright and other intellectual property rights, laws, and treaties in the United States and internationally.
By using the Service, the Customer agrees to treat the Content reserved for members as proprietary and confidential, considering it a trade secret of the Company. The Customer acknowledges that the Company does not guarantee the accuracy of, endorse, or recommend any Content, and that the Customer uses such Content at their own risk.
Access to the Content is granted to the Customer solely for obtaining initial information for the purpose of further evaluation and investigation. The Customer is required to limit their access to and use of the Content for personal and internal purposes only. The Customer must not use the Content obtained from the Service for distribution, publication, public display, or the creation of derivative works, nor should they facilitate any of these activities in any manner.
The Customer is strictly prohibited from using or reproducing the Content obtained from the Service for any other listing service or device. Additionally, the Customer must not modify, merge, decompile, disassemble, translate, decode, or reverse engineer any part of the Product. The use of data mining, gathering or extraction tools, robots, spiders, or any other automatic or manual process to monitor or copy any portion of the Service is also prohibited.
If the Customer is a direct or indirect competitor of the Company, they are not permitted to access or use any part of the Service. Furthermore, the Customer must not provide, disclose, or transmit any part of the Service to any direct or indirect competitor of the Company. This includes, but is not limited to, Internet listing services, other business information services, and employees, independent contractors, and agents of such services.
Customers who violate these specific terms, especially those who excessively or abusively search the Service using automated or manual means, will have their membership terminated immediately. Additionally, they will be subject to an excessive use fee of $2’500.
Disclaimer of Warranties and Limitation of Liability
The Company provides the Service on an “as is” and “as available” basis. While the Company strives to ensure the accuracy and reliability of the information provided, it does not guarantee the completeness, timeliness, or accuracy of the content. The Company disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The use of the Service is at your own risk, and the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Service.
Indemnification
You agree to indemnify and hold the Company, its affiliates, officers, directors, employees, and agents harmless from any claims, demands, liabilities, losses, damages, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Service, violation of the Terms of Use, or infringement of any intellectual property or other rights of any person or entity.
Term and Termination
The Company reserves the right to terminate your access to the Service at any time without prior notice or liability. Termination may occur for various reasons, including but not limited to breaches or violations of the Terms of Use, requests from law enforcement agencies, engagement in inappropriate, unsuitable, controversial, fraudulent, or illegal activities, discontinuation or significant modification of Company services, nonpayment of fees associated with Company services, prolonged account inactivity, or the occurrence of technical or security issues.
Upon termination, the Company is not obligated to maintain or forward any content from the Customer’s account. Furthermore, if a Customer is suspected of submitting businesses or other information that violates the terms of this Agreement, the Company may request additional evidence of compliance with the Agreement’s provisions.
Governing Law and Dispute Resolution
The Terms of Use and any disputes arising out of or in connection with the Service shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is located. Any legal action or proceeding relating to the Service shall be brought exclusively in the courts of that jurisdiction.
Entire Agreement
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Service and supersede any prior or contemporaneous understandings or agreements, whether oral or written.
If you have any questions or concerns about these Terms of Use, please contact us.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.