Welcome to the ACQUIREO website (the "Site"). Listopica, Inc. and its affiliates
provide their products and services to you subject to the terms, conditions and
notices contained in this Terms and Conditions ("Agreement").
By using this Site, you are indicating your acceptance to be bound by these
terms, conditions and notices. Failure to abide by the following terms,
conditions or notices will prohibit your use of this Site. Furthermore, we
reserve the right to make changes to our Site and agreement at any time without
notice to you. Please visit this page periodically to review the agreement
because they are binding upon you.
Brokerlogics Membership Agreement
Brokerlogics monthly Membership subscriptions will automatically renew at the
prevailing monthly subscription rate and the credit card number provided for
initial payment will be charged accordingly unless the customer notifies
acquireo (by telephone or in writing) 15 days prior to the renewal date.
30 Day Risk Free Guarantee
We offer a 30 Day Risk Free Guarantee because we are so sure that our services
will meet or exceed all of your expectations. If you are not completely
satisfied with our services, just call us within 30 days and we will refund
first month's membership fee (or partial pro-rated fee) be credited back to the
credit card submitted on the Membership Application. This is available only to
first-time members who are professional business brokers.
Assignment: Business Broker Membership is not transferable or assignable.
Memberships are granted by Listopica, Inc. to individuals exclusively and are
granted specifically to the subscribing Member only. Membership rights and
privileges cannot be sublicensed, distributed, shared, viewed, accessed, or
otherwise transferred to anyone other then the subscribing Member without the
express written permission of Listopica, Inc. Membership rights and privileges
are subject to change from time to time and may be subject to certain
limitations.
Customer acknowledges that Listopica, Inc. (in addition to its other remedies)
can cancel and prohibit Membership rights and privileges to any individual,
organization, or group that does not abide by the Terms of Use set forth in
this Agreement and/or can refuse any or all membership rights and privileges.
Listopica also has the right to refuse service to any customer or company that
has delinquent charges that remain unpaid and to impose additional charges to
reactivate any membership rights and privileges.
All fees are non-refundable and non-transferable. The web pages and for-sale
listings of members who cancel their membership, or whose credit cards expire
without first providing another card for us to bill, may be removed from
acquireo and its affiliates.
Duplicate Ads: Duplicating any ads/listings are not allowed, once you enter an
ad/listing into acquireo you can however edit the ad/listing or you may "expire
"it.
Listopica may assign or delegate its rights and/or obligations, in part or in
whole, under this agreement to any of its subsidiaries that are wholly owned
directly or indirectly by Listopica.
Member Web Site and Password: You must have a password to access certain of the
acquireo Membership benefits and services. You shall keep Your password secure
and confidential and use it only for your authorized access to the Membership
Programs website. You are solely responsible for all activities that occur with
your password. You shall notify acquireo immediately of any actual or suspected
unauthorized use of your password. Acquireo is not responsible for any
consequences that result from any unauthorized use of your password. Direct any
questions or problems with your password or the website to:
contact@acquireo.com
The collection, arrangement and assembly (compilation) of all content (including
the underlying HTML code) on this Site (the "Site Content") is the exclusive
property of Listopica, Inc. and protected by U.S. federal, state and
international copyright laws. Any unauthorized reproduction, modification,
distribution, transmission, republication, display or performance of the Site
Content is strictly prohibited. By submitting any information or other material
to us, you automatically grant Listopica, Inc. a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, create derivative works, and distribute such materials
or portions of such materials in any form or medium known or later developed.
This site acts as a venue and is provided on an "as is" basis for sellers to
list businesses for sale and buyers to express interest in these businesses. We
are not involved in the actual transaction between buyers and sellers. As a
result, Listopica, Inc. has no control over the quality, safety, legality or
regulatory compliance of any transaction they enter into, the truth or accuracy
of the listings, the ability of sellers to sell businesses listed or the
ability of buyers to buy businesses they express interest in. In addition, note
that there are risks, including but not limited to the risk of physical harm,
of dealing with strangers, foreign nationals, underage persons or people acting
under false pretenses. You assume all risks associated with dealing with other
users with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, we cannot and do not
confirm each user’s assumed identity. Because we do not and cannot be involved
in user-to-user dealings or control the behavior of participants on the Site,
in the event that you have a dispute with one or more users, you release
Listopica, Inc. (and its agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to control the information provided by other
users. By its very nature, other people’s information may be offensive, harmful
or inaccurate, and in some cases unintentionally or even intentionally
mislabeled. We make no representations about the accuracy, reliability,
completeness, or timeliness of any material in the Site Content. The use of our
Site and the Site Content is at your own risk.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any business listing or material contained therein placed by
you on the Site. Sellers are solely responsible for their postings on the Site.
LISTOPICA, INC. DOES NOT WARRANT THAT ANY SITE PAGES WILL OPERATE ERROR-FREE OR
THAT ANY SITE PAGE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY SITE PAGE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LISTOPICA, INC. IS NOT
RESPONSIBLE FOR THOSE COSTS. THE SITE PAGES AND SITE CONTENT ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LISTOPICA, INC., TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. LISTOPICA, INC. MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL LISTOPICA, INC., ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE PAGE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SITE PAGE AND THE
MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT LISTOPICA, INC. IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Listings that are submitted without an image, or do not contain a relevant image
of the business for sale will not be displayed in the featured area on the
homepage of acquireo.com. Listopica,Inc shall have the sole authority to select
and choose the manner in which any businesses will be searched, arranged,
displayed, accessed, downloaded, copied, and otherwise used on the acquireo
website and Listopica,Inc. shall have the right to approve, deny, or replace
the image with a default placeholder image.
Customer agrees not to submit any business descriptions, photographs, financial
information, contact or other information to acquireo unless the Customer has
received all necessary rights and authorizations, including from the
photographer and/or copyright owner of any photographs, to publish and
advertise the business on the acquireo website.
The Customer (a) represents and warrants that all businesses with information
provided by the customer will be accurate; (b) agrees that the customer will
not permit the listing of a business on the acquireo website under a name other
than the named licensed business brokers/ agents that have been engaged by the
business owner to market the business under the terms of a duly executed
listing agreement with the owner; (c) agrees to administer the businesses
provided by the customer and maintain their accuracy at all times. Listopica,
Inc. reserves, in a manner consistent with reasonable commercial business
practices, the right to remove all or any part of the businesses listed on the
acquireo website. Listopica, Inc. may, in its sole discretion but without any
obligation to search for such, remove businesses that are alleged to have been
submitted in violation of this provision. Listopica, Inc. will, in its sole
discretion, terminate the accounts of, and refuse service to, any Customer who
repeatedly or knowingly violates this Agreement.
Our Site contains links to third party web sites. We are not responsible for the
content of linked third-party sites and do not make any representations
regarding the accuracy thereof. If you decide to access linked third party web
sites, you do so at your own risk.
Listopica, Inc. is in no way obligated to refund any money for any service
purchases after the actual service has been activated or implemented. All sales
are final, and all fees are non-refundable and non-transferable.
We reserves the right, at our sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your listings from acquireo
Site and immediate termination of your registration with or ability to access
this Site and/or any other service provided to you by us upon any breach by you
of this Agreement or if we are unable to verify or authenticate any information
you submit to the Site.
You agree to defend, indemnify, and hold harmless Listopica, Inc., subsidiaries,
affiliates, its officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable legal and
accounting fees, made by a third party alleging or resulting from your use of
the materials or your breach of the terms of Agreement.
Any controversy or claim arising out of or relating to this Agreement or our
products or services shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association. The
arbitration shall be conducted in Los Angeles County in the State of
California, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof.
We make no claims that this Site and Site Content may be lawfully viewed or
accessed outside of the United States. If you access the Site from outside of
the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
The laws of the State of California govern this Agreement, without giving effect
to any principles of conflicts of laws. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in
additional terms of use for areas of the Site, this Agreement constitute the
entire agreement between you and Listopica, Inc. with respect to the use of the
Site.