Terms of Use

Service Provided

BizByOwner is proud to offer a dynamic suite of online tools. The term “service” as used in this Terms of Use is defined to include information and 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 compliance.

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 interest.

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 professional services.

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 agreement to all of the conditions of the Terms of Use. Please carefully read each section. This is a legal agreement between BizByOwner, LLC, a Colorado limited liability company (“BizByOwner”), and you (the terms “you” or “your” as used in this Terms of Use is defined to include the individual subscribing to 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 opportunity to read, print and down load the Terms of Use agreement prior to subscribing to BizByOwner services. A “Read Me” file copy of the Terms of Use is also provided with your welcome e-mail as part of your registration. A link to the Terms of Use agreement is posted on each page of the BizByOwner web site.

YOU AGREE TO THE TERMS OF USE BY TYPING YOUR NAME AND CLICKING ON THE “I AGREE ” BOX BELOW. Your agreement to the Terms of Use is your acknowledgement and 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.

By accepting the Terms of Use, You: (a) represent and warrant that your company 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 such information.

BizByOwner may suspend services and/or terminate the license agreement for violation of the Terms of Use.

The Terms of Use agreement may be amended from time to time. Any amendment is 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 BizByOwner services following notice of any amendment to this Terms of Use 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 business opportunities.

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 Terms of Use specifically allow you to share your username and password with such advisers so that they may assist you in utilizing the information provided by BizByOwner. By using BizByOwner services, your advisers specifically agree to be bound by the Terms of Use.

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 services.

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.

The use of this web site is governed by our Terms of Use. By using this web site, you knowledge that you have read these disclaimers and policies and that you accept and will be bound by their terms.

Your Obligations

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: www.adobe.com.

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 BizByOwner.

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 misleading;
(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 specified in the Terms of Use. You may not remove or obscure the copyright notice or other notices.

The following notice applies to all aspects of the web site and BizByOwner services:

Copyright © 2014 BizByOwner, LLC. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.

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.

Force Majeure

Neither party shall be liable to the other for any delay or failure in performance under the Terms of Use directly or indirectly from acts of nature 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.

Dispute Resolution

All disputes concerning the Terms of Use and the relationship between you and 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 service or any other terms under the Terms of Use shall be resolved through the following procedures: You must first present any claim or dispute to BizByOwner by contacting info@BizByOwner.com.

The Terms of Use and all BizByOwner services shall be governed by and construed 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.

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