The Vested Business Brokers website (the "Service") is an online information and business service provided by Vested Business Brokers, Ltd. ("VBB"), subject to your compliance with the terms and conditions set forth below.
The "V" and the "Vested Business Brokers" design are registered trademarks of VBB in the United States and other countries. Other marks that appear on this Web site may be marks of third parties that are not affiliated with VBB. VBB and its affiliates do not control or endorse the content of third party Web sites.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. VBB may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
1.Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is VBB. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make:
(a) one machine readable copy,
(b) one backup copy, and
(c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use.
Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of VBB or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to VBB a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to VBB the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VBB for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
2. Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by VBB, VBB does not operate, control or endorse any information, products or services on the Internet in any way. Except for VBB-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with VBB. You also understand that VBB cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. VBB does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any business, merchandise, information or service provided through the Service or on the Internet generally, and VBB shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, business, merchandise and other information provided through the Service or on the Internet generally. VBB does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. VBB has no control over and accepts no responsibility whatsoever for such materials.
In no event will VBB be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if VBB or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, VBB's liability is limited to the greatest extent permitted by law.
3.Indemnification. You agree to indemnify, defend and hold harmless VBB, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
4.Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of VBB and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 8 (Disclaimers and Limitation on Liability) and 9 (Miscellaneous) shall survive any termination of this Agreement.
6.Collection and Use. VBB will collect and use customer identifiable information to create and inform you of products and services that better meet your needs. This means that VBB may use your customer identifiable information, in conjunction with information available from other sources, to market new services to you that we think will be of interest to you, but we will not disclose your customer identifiable information to third parties who want to market products to you.
When you access the Internet, the computers that host Web sites you visit (Web servers) automatically receive some anonymous information. This "usage data" may include a record of which pages a Web browser has visited. VBB servers receive usage data when customers visit VBB Web sites, and when you visit other sites as well. VBB may use usage data to provide advertising about goods and services that may be of interest to VBB customers, or to provide customized features and services. VBB will not use information about your activities on the Internet together with any information that identifies you without your consent.
VBB and its advertisers may use various kinds of software devices to collect information about Internet use. Small files called "cookies" may be attached to your Web browser. These files identify your browser and save information such as passwords so that Web sites can recognize you. You can set your browser to disable cookies, but some VBB Web sites (and other Web sites) may not work properly if you do this.
In addition, on some Web sites, VBB and its advertisers may use small bits of code called "one-pixel gifs," or "clear gifs" embedded in some Web pages, to make cookies more effective. VBB will not associate the information these software devices collect with your name or email address.
VBB uses advertising companies to deliver ads on some VBB Web sites. The advertising companies may also receive some anonymous information about ad viewing by Internet users on VBB Web sites and other Internet sites. This information may be associated with a customer's Web browser, but cannot be associated with a name or e-mail address without the customer's permission. (This means that advertising companies may know where your computer goes on the Internet, but they don't know who you are unless you tell them.) VBB does not supply customer identifiable information to advertising companies or to individual advertisers or other third parties. If you go to another Web site, including an advertiser's Web site (for example by clicking on an ad), and request information or enter a contest, be aware that you may be authorizing another company, including an advertising company, to use information you supply
7.Disclosure. VBB will not sell, trade, or disclose to third parties any customer identifiable information derived from the registration for or use of the VBB web site -- including customer names and addresses -- without the consent of the customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the customer or others). When VBB uses other agents, contractors or companies to perform services on its behalf, VBB will ensure that the company protects your customer identifiable information consistent with this Policy.
8.Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND VBB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. VBB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. VBB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. VBB RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. VBB MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. VBB IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER VBB NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST VBB FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
9.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between VBB and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. VBB's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. VBB may assign its rights and duties under this Agreement to any party at any time without notice to you.