BizByOwner is proud to offer a dynamic suite of online tools. The term
education services only. BizByOwner is not engaged in rendering financial, tax,
legal or other professional services. BizByOwner provides an information and
education service only. Each state has laws and tax policies that are unique
and different. BizByOwner service is not a substitute for independent
financial, tax, legal or other professional representation.
BizByOwner services include, among other things, an opportunity for sellers to
provide information about a business opportunity for sale, and purchasers to
express an interest in and learn more about those businesses. BizByOwner
services are not, and shall not be deemed to be, an offer to sell or a
solicitation of an offer to sell or buy any securities or business assets.
BizByOwner services are not, and shall not be deemed to be, brokering
activities. BizByOwner is not involved in any actual transaction between a
seller and a purchaser. All users of BizByOwner services agree to be
responsible for the legal and the regulatory compliance of any transaction they
enter into, and BizByOwner makes no representation or assurance regarding such
BizByOwner cannot and does not confirm the purported identity of any seller or
purchaser. BizByOwner as no control over the truth or accuracy of any
information, the veracity regarding the purported identity of a seller or a
purchaser, the ability of a seller to sell a business opportunity, or the
ability of a purchaser to buy any businesses in which they may express an
BizByOwner services include modules that help the subscriber prepare a Business
Valuation Report, a Financial Report, a Business Summary Briefing and a
Business Offering Report, among other items. Each item is provided as an
information and education service only and is not to be relied upon as
financial, tax, legal or other professional representation.
The Transaction Management Center includes sample forms with commentary
designed to educate subscribers regarding many of the tax and legal issues
encountered in a business sale. We have included throughout the Transaction
Management Center specific questions for you to discuss with your legal counsel
and professional advisors. We believe that our sample forms, together with the
included commentary and Frequently Asked Questions, provide valuable education
that may reduce the cost of, and increase the efficiency of, your professional
advisors. An educated individual may gain more value from professional
advisors. The Transaction Management Center is offered only to supplement and
enhance the subscriber’s independent financial, tax, legal and other
BizByOwner services are provided for information and education purposes only
and are not to be relied upon as legal advice. Your subscription and use of
BizByOwner services is not a substitute for the advice of an attorney, and we
encourage you to have all information and documents provided on our site
reviewed by an attorney. No attorney-client relationship is established by use
of our online sample forms. It is recommended that you seek independent legal
advice in deciding whether the information found on our site is appropriate for
you. If you desire representations and warranties regarding the legality and
result of BizByOwner information in your state and jurisdiction of use, contact
an attorney licensed to practice law in your state.
The terms “Subscriber” and “Client” may be used interchangeably by BizByOwner
from time to time. At no time does either term imply any relationship to the
Subscriber or Client beyond that of a third party education resource and
provider of data input and report creation tools. BizByOwner at no time is
acting in any capacity whatsoever as a representative, broker or fiduciary
agent of the Subscriber or Client, and takes no responsibility of any kind for
the content of any reports created on BizByOwner services by a
Subscriber/Client or BizByOwner staff or any actions such Subscriber or Client
may take in an effort to sell his, her or its business opportunity.
Terms of Service
Access to the subscription areas of BizByOwner is contingent upon your
each section. This is a legal agreement between BizByOwner, LLC, a Colorado
limited liability company (“BizByOwner”), and you (the terms “you” or “your” as
the informational services provided, as well as any business entity and such
entity’s owners, officers, directors, managers, agents, employees and
professional advisors). You are required to agree to the terms of this
agreement prior to subscribing for BizByOwner services. You are provided an
is also provided with your welcome e-mail as part of your registration. A link
agreement to be bound by all of the terms and conditions set forth herein, as
well as the disclaimers contained within in the various BizByOwner modules and
reports. Specifically, you agree that BizByOwner is not engaged in rendering
legal or other professional services. BizByOwner recommends that all
subscribers seek independent financial, tax, legal or other professional
assistance when using BizByOwner services.
or business is located within the United States of America, authorizes the
representatives initiating and accessing the web site services to do so on its
behalf, and will restrict such representatives to persons 18 years old or
older; (b) agree to provide true, accurate, current and complete information
about the company and business as prompted by the services; and, (c) agree to
maintain and update such information to keep it true, accurate, current and
complete. If any information provided by a subscriber is untrue, inaccurate,
not current or incomplete, BizByOwner has the right to terminate a subscriber’s
account and refuse any and all current or future use of the services. But
BizByOwner is under no obligation to verify the completeness or veracity of any
BizByOwner may suspend services and/or terminate the license agreement for
effective upon either the posting of the latest version on the BizByOwner.com
web site, or upon notice by electronic mail or U.S. mail. Your continued use of
shall be conclusively deemed an acceptance of such amendment.
A business sale is often a confidential matter. By subscribing to BizByOwner
services, you agree that we may communicate with you through the mailing
address, phone number, fax number or e-mail address provided during
registration, or that you may provide through subsequent communication with us.
If you wish that any communication with BizByOwner is confidential, you should
use a private mailing address, phone number, fax number or e-mail address.
The Terms and Use agreement is the entire agreement with respect to BizByOwner
services between you and BizByOwner, LLC.
Limited Single User License
BizByOwner grants a non-exclusive, non-transferable limited license to access
and use for your internal use only, including the use by your professional
advisers, the information available on the BizByOwner web site from time to
time. This license does not cover any use by you, or your professional
advisers, to provide or offer any services or information to others.
The license is for a 3 month term. You may be granted an option to renew the
license pursuant to policies that may then exist upon your license termination.
BizByOwner reserves the right to amend from time to time the terms and the
conditions of any renewal option. BizByOwner is not responsible to store or
maintain any of your information related to BizByOwner services following
license termination. You may request that BizByOwner delete from its electronic
storage systems and website all information regarding your subscription at any
time or upon license termination.
The limited license granted for BizByOwner services is a single use license for
one business opportunity sale. However, you may use this single use license for
one business opportunity that includes multiple locations. You must purchase
additional licenses if you desire to use BizByOwner services for multiple
The service is for your individual use only. You, or your professional
advisers, may not use this service for commercial purposes. You may not
distribute, modify, transmit, reuse, re-post, resell or use the services for
more than a single business opportunity sale. You will identify the single
business opportunity sale to which this limited license applies when you
provide the name of your business.
You will select a user name and password. You are responsible to maintain the
secrecy of your username and password. You may not share the username or
password with any individuals or entities except your professional advisers
that you retain to assist you in using BizByOwner services. You may also choose
to create a unique username and password for a potential purchaser of your
business opportunity, thereby granting him/her access to your online
presentation. These unique usernames and passwords allow you to provide limited
access to the BizByOwner web site to view any specific information and reports
regarding your business opportunity that you may wish to disclose.
BizByOwner recommends that all subscribers seek independent financial, tax,
legal and other professional assistance when using BizByOwner services. The
such advisers so that they may assist you in utilizing the information provided
by BizByOwner. By using BizByOwner services, your advisers specifically agree
Disclaimers and Liability Limitation
The information and down loadable software and forms on
this web site are provided “as is” and all warranties, express or implied, are
disclaimed, including, but not limited to, any implied warranties of
merchantability, merchantability of any computer program, software or forms,
fitness for a particular purpose, workmanlike effort, accuracy of informational
content, system integration, title, quiet enjoyment, warranties arising through
course of dealing for usage of trade, warranties that access to or use of the
service will be on uninterrupted or error-free, or noninfringement. You assume
the entire risk as to the results and performance obtained from the BizByOwner
the maximum liability of BizByOwner, its members, agents, employees or other
parties involved in creating, producing or delivering the services, relating to
this agreement and your use of the service shall be limited to the amount paid
by you for the information received (if any). this is your sole and exclusive
remedy for any cause whatsoever. BizByOwner is not liable for any indirect,
special, punitive, incidental, loss of business, loss of profits or
consequential damages, whether based on breach of contract, breach of warranty,
Tort, negligence, product liability or otherwise, even if advised of the
possibility of such damage.
Due to the proprietary nature of the BizByOwner system, all
subscriber sales are final. However, it is of the utmost importance to us that our
subscribers are satisfied with the quality of our product and service. Therefore,
if at any time within the first
30 calendar days following your purchase, you believe that BizByOwner has not
delivered on its product or service commitment to you, BizByOwner will refund your
entire Basic Program subscription price as long as a business valuation has not been
completed and no Business Offering Package reports or legal documents have been downloaded.
The BizByOwner web site contains hyperlinks to other Internet sites not under
the editorial control of BizByOwner. These hyperlinks are not express or
implied endorsements or approvals by BizByOwner of any products, services or
information available from these sites.
site, you knowledge that you have read these disclaimers and policies and that
you accept and will be bound by their terms.
You acknowledge and agree that you are responsible for the accuracy and
content, or omission, of any and all information, reports and services
generated by use of BizByOwner services. In addition, you acknowledge and agree
that you are responsible for the accuracy and content, or omission, of all
information, reports and services included in materials which you may elect to
provide a potential purchaser.
You represent and warrant that you have full power and authority under all
relevant laws and regulations: (a) to offer and sell the business opportunity
analyzed or displayed through any BizByOwner services, including but not
limited to holding all necessary licenses from all necessary jurisdictions; (b)
to engage in the advertising and sale of the business opportunity displayed
through any BizByOwner services; and, (c) to copy and display any materials
used or displayed through any BizByOwner services.
You represent and warrant that you will not engage in any activities: (a) that
constitute or encourage a violation of any applicable law or regulation,
including but not limited to the sale of illegal goods or the violation of
export control or obscenity laws; (b) that defame, impersonate or invade the
privacy of any third party or entity; (c) that infringe the rights of any third
party, including but not limited to the intellectual property, business,
contractual or fiduciary rights of others; and, (d) that are in any way
connected with the transmission of "junk mail", "spam" or the unsolicited mass
distribution of e-mail or with any unethical marketing practices.
You confirm and warrant that BizByOwner is not your selling agent, distributor,
marketer or other affiliate. You hereby agree to indemnify and hold harmless
BizByOwner, its members, agents, and employees, against any liability which may
arise from your use of any BizByOwner services.
BizByOwner reserves the right to terminate this license agreement if it
believes, in its sole discretion: (a) you offer for sale goods or services, or
use or display materials, that are illegal, obscene, vulgar, offensive,
dangerous or are otherwise inappropriate; (b) you have violated or threatened
to violate the Acceptable Use Policy as set forth below; or, (c) you have
violated or threatened to violate the Term of Use agreement.
Maintenance and Support
You can obtain assistance with any technical difficulty that may arise in
connection with your use of BizByOwner services by requesting assistance by
email to info@BizByOwner.com.
BizByOwner reserves the right to establish limitations on the extent of such
support, and the hours at which it is available.
You are responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of BizByOwner
services, and you are responsible for all charges related thereto.
BizByOwner’s subscribers who choose the Consultant Support Program or Broker
Support Program receive additional data entry services from BizByOwner in the
completion of the questionnaire, modules and reports that are known collectively
as the “Business Offering Package.” There are four total production steps in the
process of completing the Business Offering Package: 1) the Business Overview
Questionnaire; 2) the Financial Information Module; 3) the Business Valuation
Module; and 4) the Business Offering Report Module. These subscribers will
complete the First step, the Business Overview Questionnaire and notify BizByOwner
of its completion. BizByOwner will then provide data input functions for the
subscriber. The subscriber is solely and completely responsible for selection,
accuracy and completeness of all data and information incorporated into BizByOwner
services. The subscriber is not obligated to complete all services within the
Business Offering Package, and may elect to include or exclude any data or
information as desired. BizByOwner will enter into the Business Offering Package
the data and information provided. BizByOwner will complete the Second, Third and
Fourth steps, based on this information provided by the subscriber to BizByOwner
via the Business Overview Questionnaire, email, facsimile and telephone
communications. The Questionnaire and Modules will produce four separate
outputs: 1) a 1-page Business Briefing; 2) a Business Valuation Report; 3) a
Business Offering Report; and 4) Financial Reports (the Financial Reports will
also be part of the Business Offering Report). Once BizByOwner has entered the
information and notified the subscriber that the Business Offering Package is
complete, the subscriber has complete responsibility to review and accept the
content in the Business Offering Package including the Questionnaire and Modules,
and also the four Reports or Briefings noted above. All other responsibilities
of BizByOwner, LLC under the Broker Support Program and Consultant Support Program
are dictated by the terms of a separate “Broker Support Agreement” and/or
"Consultant Support Agreement". In the event any of the terms and conditions
herein conflict with either of those Agreements, those Agreements shall prevail.
The subscriber has full responsibility for all aspects of the BizByOwner
services including but not limited to the Business Offering Package, any future
revisions or updates, working with the Marketing Resource Center and Transaction
Management Centers, and working with potential buyers. Unless agreed to and dictated by a separate
agreement, signed by the subscriber and an authorized representative of BizByOwner, LLC, the subscriber
acknowledges that BizByOwner is not acting in any capacity as a broker on
behalf of the subscriber, or representing or advising the subscriber in any
manner or any capacity whatsoever. BizByOwner takes no responsibility of any
kind for the content of any reports created on BizByOwner services, by a
subscriber, or by BizByOwner staff, as directed by a subscriber.
Support is unavailable to complete or interpret the various sample forms
included in the Transaction Management Center or in the various sample forms
included in the Buyer’s Tool Kit or the Critical Documents Package. BizByOwner
recommends that you retain legal advice prior to using any of the sample forms
included in the Transaction Management Center.
Equipment and Software Requirements
To best utilize the BizByOwner system you will need Microsoft Internet Explorer
version 6.0 or later, Microsoft Windows 98 or later, Microsoft Word 2000 or
later (Other word processors may support our system but may cause formatting
errors which can be manually corrected), and Adobe Acrobat Reader version 6.0
or later. Internet Explorer and Adobe Reader downloads are available for free
via the internet. Click here to download the most current version of
Internet Explorer: www.microsoft.com/windows/ie/. Click here to download the
most current version of Adobe Reader:
BizByOwner does not support any other particular software platform. BizByOwner
reserves the right at any time to revise and modify its services, release
subsequent versions thereof and to alter features, specifications,
capabilities, functions and other characteristics of its services without
notice. If any revision or modification to the services materially changes your
ability to utilize BizByOwner service, your sole remedy is limited to the
amount paid by you for the information received as a set forth herein.
Data Security and Encryption Technology
BizByOwner utilizes advance security protocols including SSL encryption.
BizByOwner does not store your credit card information on-line.
Fees and Payment
You agree to pay the fee for all BizByOwner services you purchase. Time is of
the essence for all payments. You agree to pay all reasonable attorney fees and
costs, whether or not suit is commenced, incurred to collect any amounts due to
Acceptable Use Policy
BizByOwner services may be used only for lawful purposes and may not be used to
violate any applicable law, regulation, order, rule or policy. BizByOwner will
cooperate with law enforcement agencies, or comply with any Court order, upon
request by an appropriate governmental official. BizByOwner services may not be
used to transmit, retransmit, distribute, post, or store any material that is a
violation of law, or is, in the sole judgment of BizByOwner:
(a) obscene, indecent,
profane, pornographic, threatening, libelous, defamatory, or otherwise
objectionable information of any kind;
(b) deceptive or
(c) violates any rights of
any person including rights protected by copyright, trade secret, patent, or
other intellectual property or similar laws or regulations including, but not
limited to, the installation or distribution of "pirated" or other software
products that are not appropriately licensed for use; or,
(d) violates any local,
state, federal, or international law or regulation or guidelines of any other
online service provider or interactive service.
You are responsible for determining what laws or regulations are applicable to
your use of BizByOwner services. BizByOwner assumes no obligations or liability
to ensure that you or any other party utilizing BizByOwner services complies
with the terms of this Acceptable Use Policy.
Copyright and Trademark Notice
You acknowledge and agree that content available from BizByOwner, including but
not limited to text, software, sound, logos, trademarks, service marks,
photographs, graphics, or video, is protected by copyright, trademark or other
proprietary rights and laws and may not be used in any manner other than as
notice or other notices.
The following notice applies to all aspects of the web site and BizByOwner
Copyright © 2014 BizByOwner, LLC. All Rights Reserved. Any unauthorized
redistribution or reproduction of any copyrighted materials on this web site is
The following are the protected trademarks of BizByOwner: BizByOwner ™;
BizByOwner.com ™; The Complete Solution ™; The Complete
Solution for Selling Your Business ™; and You can Sell Your Business
Yourself ™. All Rights Reserved.
Neither party shall be liable to the other for any delay or failure in
or causes beyond its reasonable control, including but not limited to war, acts
of God, earthquake, flood, embargo, riot, sabotage, terrorism, labor shortage
or dispute, governmental act, failure of the Internet or other suppliers,
carriers, or third parties. Acceptance of delivery of goods or services shall
constitute a waiver and release of BizByOwner by you for any claim or damages,
setoff, discount or other liability.
BizByOwner, including but not limited to disputes relating to any service,
rating of services, transfer of service, performance of service, payments on
account, credits, promotions, special offers, performance, interruption of
following procedures: You must first present any claim or dispute to BizByOwner
by contacting info@BizByOwner.com.
in accordance with the laws of the State of Colorado, without regard to choice
of law principles, and without regard to any international convention on
contracts or the international sale of goods. Any litigation or similar
proceeding arising from BizByOwner services shall be commenced and maintained
exclusively in a state or federal court of competent subject matter
jurisdiction located within the geographical boundaries of the U.S. District
Court for the District of Colorado or the Larimer County District Courts, State
of Colorado, and the parties hereof shall be deemed to waive venue in any other
jurisdiction or location outside of such geographical boundaries.