We Sell Businesses

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TERMS & CONDITIONS When you, the “Customers,” submit and use the real estate information Services, “the Service,” provided by the WE SELL BUSINE$$ES web site, you shall be subjected to the following terms and conditions. Upon submitting or accessing information on the Service, you agree to be bound by the terms and conditions herein, which constitute a legal agreement between the Customers and WE SELL BUSINE$$ES, INC., “the Company.” Additionally, you agree to abide by the Company’s Listing Policy and Guidelines, “the Listing Policies.” (Hyperlink where underlined) If you do not agree to these Terms and Conditions and to the Listing Policies herein, you are not permitted to use the Company’s Service. All questions concerning this Agreement should be mailed to: President, WE SELL BUSINE$$ES, INC., 1400 Hubbell Place, Suite 613, Seattle, Washington 98101 The Company reserves the right to update the terms and conditions of this agreement at will and without notice. GENERAL PROVISIONS Membership Privileges The Company grants membership privileges only to individuals and specifically only to the subscribing registered member. No person, agent, employer, employee, assignee, representative servant, investor, independent contractor, corporation, partnership, or association that might be affiliated with another competing real estate information Service is authorized to access any of the areas of the WE SELL BUSINE$$ES web site that requires entering a password without first seeking an obtaining written permission from the Company. You, as the registered member, cannot assign, sublicense, distribute, share or transfer your membership rights in any manner whatsoever without the express written permission of WE SELL BUSINE$$ES. In order to use the Service, you must maintain a valid email address and password which you must use to log on to our web site. You are prohibited from sharing or allowing others to use your log on information. The Company reserves the right to refuse Service to anyone that abuses their right to use the Service or that does not agree to abide by the terms and conditions set forth herein, including those set forth in the Company’s Listing Policies. WE SELL BUSINE$$ES utilizes email as a vital and primary communication channel with Customers. As a registered user, you hereby acknowledge and grant WE SELL BUSINE$$ES the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes WE SELL BUSINE$$ES determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. WE SELL BUSINE$$ES will use best efforts to honor a customer’s request to opt out of marketing messages, but under no circumstances will WE SELL BUSINE$$ES have any liability for sending any email to its registered users or customers. Listings You are prohibited from submitting listings, or any information contained therein, to the web site unless you are the buyer, buyer’s agent, owner, owner’s agent, tenant or tenant’s agent. The term “agent” extends to duly authorized brokers, attorneys, accountants, heirs, executors, assignees or any other authorized representative of a buyer, owner, or tenant. Likewise, you are prohibited from submitting any copyrighted materials, including photographs, or links to copyrighted materials or photographs, without being duly authorized by the owner of the materials to publish and advertise the listing on your or the Company’s website. WE SELL BUSINE$$ES may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse Service to, any Customers who repeatedly or knowingly violate this Agreement. Additionally, the Customers agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the WE SELL BUSINE$$ES website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the WE SELL BUSINE$$ES website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customers (a) represents and warrants that all Properties and associated information provided by the Customers will be accurate; (b) agrees that the Customers will not permit the posting of a property on the WE SELL BUSINE$$ES system under a name other than the buyer, owner, tenant or, in the case of named licensed real estate agents, you been engaged to market the property under the terms of a duly executed listing agreement with the owner or to solicit buyers or tenants under the terms of a duly executed buyer agency agreement; (c) agrees to administer the Properties provided by the Customers and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer’s website or on the WE SELL BUSINE$$ES website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customers. While the Company shall take all reasonable efforts for data backup and business resumption, the Customers will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to WE SELL BUSINE$$ES. Use of Information Customers agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information, and any information otherwise made available to Customers in the Service (individually and collectively, the "Content") as proprietary to WE SELL BUSINE$$ES. Customers agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of WE SELL BUSINE$$ES. WE SELL BUSINE$$ES does not ensure the accuracy of, endorse or recommend any Content and Customers uses such Content at the Customer’s own risk. Customers may access the active property listings in the Service and/or the historical transaction information solely to obtain initial information from which further evaluation and investigation may commence. Any and all Content offered by WE SELL BUSINE$$ES to Customers is provided solely for general information and does not constitute real estate, legal, tax, accounting, or other professional advice. Before acting on any information provided by WE SELL BUSINE$$ES, you should consult an appropriate professional. Customers shall limit access to and use of active property listings and historical transaction information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customers shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customers in the Service, for or in connection with any other listing Service or device. Customers further shall not use the Service in any other manner for or in connection with any other listing Service or device. Customers shall not use the WE SELL BUSINE$$ES Service as part of any effort to compete with WE SELL BUSINE$$ES, including without limitation using the WE SELL BUSINE$$ES Service to provide, alone or in combination with any other product or Service, any database Services to any third party or any use that causes a reduction or loss from an existing or potential WE SELL BUSINE$$ES Customers, nor shall Customers remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the WE SELL BUSINE$$ES Service. 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. Nature of Customer’s Business If Customers or an Affiliate of Customers owns properties and intends to market them directly via the Service, the Customers represents to WE SELL BUSINE$$ES that they either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage Services account for more than twenty percent (20%) of the total revenues of the entity. Unsolicited Commercial Email (Spam) WE SELL BUSINE$$ES prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Agent, Email a Friend Service or other email Services that WE SELL BUSINE$$ES offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. WE SELL BUSINE$$ES has the right to revoke the privileges of any Customers or Company that breaches these terms. Grant of License WE SELL BUSINE$$ES retains all rights (including Intellectual Property Rights as defined below), title and interest in the WE SELL BUSINE$$ES Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customers shall 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 WE SELL BUSINE$$ES's technology or delete or alter author attributes or copyright notices. Customers shall use the WE SELL BUSINE$$ES system solely for their own use and shall not allow others to use the WE SELL BUSINE$$ES system under or through that Customer’s login ID/email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, Service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and Service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. Limitation of Liability and Indemnification IN NO EVENT SHALL WE SELL BUSINE$$ES 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 WE SELL BUSINE$$ES's entire liability under this Agreement shall be a refund to Customers of the fees paid to WE SELL BUSINE$$ES hereunder, and in no event will WE SELL BUSINE$$ES's liability for any reason exceed such fee. WE SELL BUSINE$$ES (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customers shall indemnify WE SELL BUSINE$$ES (and WE SELL BUSINE$$ES'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 Customers arising from Customers' use or application of the Services or the Deliverables. Warranty Disclaimers THE LISTINGS, SERVICE, HISTORICAL TRANSACTION INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE SELL BUSINE$$ES MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, HISTORICAL TRANSACTION INFORMATION, OR WE SELL BUSINE$$ES MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND WE SELL BUSINE$$ES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. Links to Third Party Sites This web site may contain hyperlinks to other web sites operated by parties other than WE SELL BUSINE$$ES, INC., which are beyond WE SELL BUSINE$$ES’s control. Parties other than WE SELL BUSINE$$ES 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 WE SELL BUSINE$$ES’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the WE SELL BUSINE$$ES site. WE SELL BUSINE$$ES does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. WE SELL BUSINE$$ES does not assume any liability for the actions, product, and content of all of these and any other third parties. WE SELL BUSINE$$ES makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the WE SELL BUSINE$$ES site, the site you will land on is not controlled by WE SELL BUSINE$$ES and different terms of use and privacy statements may apply. WE SELL BUSINE$$ES 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 WE SELL BUSINE$$ES, INC. Customers agrees that WE SELL BUSINE$$ES shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by WE SELL BUSINE$$ES Customers and partners. WE SELL BUSINE$$ES shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. WE SELL BUSINE$$ES shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. WE SELL BUSINE$$ES 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 WE SELL BUSINE$$ES's corporate web site, located at http://www.wesellbusinesses.us. Copyright Complaints If you believe that your work has been copied onto WE SELL BUSINE$$ES in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying WE SELL BUSINE$$ES that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on WE SELL BUSINE$$ES, 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 WE SELL BUSINE$$ES: 1400 Hubbell Place, Suite 613 Seattle , Washington 98101 Governing Law This Agreement, and the Deliverables provided by WE SELL BUSINE$$ES, shall be governed by the laws of the State of Washington, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of King County, Washington 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 Customers without the prior written consent of WE SELL BUSINE$$ES, which retains the right to withhold consent in its sole discretion. Notices All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to President of WE SELL BUSINE$$ES. 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.
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