The submission of information to, and use of, the business for sale listing service ("Service") available through the Hawaii Business Sales web site (located at Business Sales.com) is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms and Conditions are a legal agreement between you and Hawaii Business Sales, an operating unit of Jansson Enterprises, LLC, a Hawaii limited liability company ("Hawaii Business Sales" “HBS” or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Managing Director, Hawaii Business Sales, 415 Dairy Rd., Ste. E-106, Kahului, HI 96732. Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Hawaii Business Sales website at Business Sales.com.
Company utilizes email as a vital and primary communication channel with customers. As a user, Customer hereby acknowledges and grants Company permission to communicate with Customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its users/Customers. Company assures Customer that under no circumstances will it knowingly share personal and/or email information with any unrelated third party.
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the individual user only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company has the right to refuse service to any user that refuses to abide by the terms and conditions herein or abuses their rights related to the Hawaii Business Sales service.
Use of Information
All information obtained from the Service, including business listings, valuation information, and any other information otherwise made available to Customer in the Service (individually and collectively, the "Content") is proprietary to Company, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a "direct or indirect competitor" of Company includes, but is not limited to, business for sale Internet listing services and business intermediaries and employees, independent contractors and agents of such firms). 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, if any.
Ownership and License Grant
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Hawaii Business Sales Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Further, customer shall not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or any other illegal purposes.
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.
No Investment Advice
HBS is not a registered broker-dealer and does not itself sell, nor does it directly offer to sell, any securities. User agrees that no Content on this site constitutes or can be interpreted as an offer or sale of securities by HBS. Furthermore, User agrees unconditionally that the contents of this website and the Service do not constitute financial, accounting, legal, or tax advice from HBS. Business buyers are solely responsible for conducting any legal, accounting, anti-fraud, and/or other due diligence on business offered for sale on this website. You should always obtain legal, accounting, tax and other appropriate advice from your professional advisers before making a business purchase decision and/or offer to purchase. Any transaction you may make, are not FDIC, SIPC or otherwise insured or guaranteed IN ANY WAY, and may lose value or become worthless for a wide variety of reasons. That business listings on this website for viewing and possible purchase and that we may have, either directly or through a third-party, performed some basic due diligence, does not constitute an endorsement or recommendation, nor a representation about the quality or attractiveness of any business listing.
No Representation by HBS
Buyer hereby acknowledges that (a) a business buyer is relying solely and exclusively on buyer's own inspection of any business listing and its assets and the representations of business seller concerning the prior operating history of business, the value of business and its assets, the merits of any possible transaction, and all other material facts of seller in buyer's decision to offer to purchase a business; and (b) buyer is not relying in any way on the HBS concerning those or any other matters (including a possible purchase transaction, business or assets). Buyer acknowledges that HBS has not verified and they will not verify seller's representations made herein or otherwise to buyer, and if any of seller's representations are or are later discovered to be false, then buyer agrees that buyer must look solely to seller for relief (and not HBS), and buyer also must indemnify, defend, and hold the HBS harmless concerning any loss or damage caused to buyer by the falsity of seller's representations made herein or otherwise to buyer concerning a possible purchase transaction, assets, or business. HBS acts only as a mere conduit for the business for sale listing information which has been provided only by the business seller.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY 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 Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Company (and Company'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 Customer arising from Customer's use or application of the Services or the Deliverables.
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, 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
Other Rights of Company
With respect to Listings and other information submitted to Company, Customer agrees to grant Company and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use Listings and other information submitted to it for publication of all or part of such Listing on the Internet for unrestricted use by Hawaii Business Sales customers and partners. Company 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. Company 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. Company 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 Company's corporate web site at Business Sales.com.
User Representations and Warranties
As a user of the Service, you understand, represent, warrant, and agree that;
You are over 18 years of age
You are solely responsible for any and all Content that you publish on the Service and/or transmit to others;
Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others;
If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify HBS, as well as all officers, directors, employees, representatives, service providers, partners, and agents, and hold them harmless from any such damage(s);
Any abuse on the site or in the community, in HBS sole and arbitrary judgment, may result in selective suspension of various site privileges (e.g. Deals, groups, forums, blogs, etc.) or even the suspension or termination and deletion of your account;
You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise;
You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in HBS's sole and absolute discretion, may result in HBS taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions.
As the provider of the Service, HBS represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the world wide web where such content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-up's. We strongly encourage you to keep local back-ups on your own computer of all your data and information, and to not post any personally identifiable information on the Service. HBS makes absolutely no representations or warranties on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, profile settings, IP addresses, email addresses. Nor do we make any representations or warranty's about any Member, any Content, or any online or offline interactions you have.
This Agreement, the Service and the Deliverables provided by Company shall be governed by the laws of the State of Hawaii, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Maui County, Hawaii. 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. 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 Customer without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. 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. 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 General Manager at Company.
Last Updated: January 22, 2015