Terms of Use

TERMS OF USE – Last Updated 9/22/2017

TERMS OF USE – HOFF BUSINESS ADVISORS, LLC

ACCEPTANCE OF TERMS AND CONDITIONS FOR HOFF BUSINESS ADVISORS, LLC

THE SECRETARY OF STATE HAS NOT REVIEWED AND DOES NOT APPROVE, RECOMMEND, ENDORSE, OR SPONSOR ANY BUSINESS BROKERAGE CONTRACT. THE INFORMATION CONTAINED IN THIS DISCLOSURE HAS NOT BEEN VERIFIED BY THE SECRETARY OF STATE. IF YOU HAVE ANY QUESTIONS, SEE AN ATTORNEY BEFORE YOU SIGN A CONTRACT OR AGREEMENT.

By using this site (the”Site”), you (“you” or the”End User”) agree to the terms and conditions that we (“HoffBusinessAdvisors.Com”) have provided. If you do not wish to agree to these terms and conditions (the”Terms of Use” or”Agreement”), please refrain from using the Site.

1. General.

The Site provides an interactive online service operated by Hoff Business Advisors, LLC DBA HoffBusinessAdvisors.Com on the World Wide Web of the Internet (the”Web”), consisting of information services, content and transaction capabilities facilitated through HoffBusinessAdvisors.Com affiliates of HoffBusinessAdvisors.Com (Brokers), and their business listings for sale. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of HoffBusinessAdvisors.Com, and HoffBusinessAdvisors.Com shall not be responsible for any data lost while transmitting information on the Internet. While it is HoffBusinessAdvisors.Com objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of HoffBusinessAdvisors.Com, access to the Site may be interrupted, suspended or terminated from time to time.

HoffBusinessAdvisors.Com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, HoffBusinessAdvisors.Com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.

2. Payment Terms for Business Advisory Services

Customer agrees to pay for all services ordered through the HoffBusinessAdvisors.Com website, or directly through Hoff Business Advisor’s, LLC using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Payment of all fees are considered earned at the time of payment and no refunds are provided. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all services to the customer. The fees paid for advisory services are non-refundable, regardless of whether the subscription or service is terminated prior to the end of the month or term of the agreement. Business advisory term lengths are set at the time of order with the initial payment. Cancellation requires 30 days written notification prior to the next billing period. No partial month (or partial term if longer than a month) refunds will be provided. Customer may cancel their advisory services by contacting us by email at info@hoffbusinessadvisors.com or by postal mail at PO Box 5417, Coralville IA 52241. All cancellation requests will be processed within two (2) business days of receipt and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer’s responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

3. Success Fees for full service Commission Brokerage Services

Customers who use the companies full service brokerage services agrees to pay the agreed upon success fee owed to Hoff Business Advisors, LLC should the customer enter into a purchase and / or sale agreement during and under the terms of the customers agreement with Hoff Business Advisors, LLC.

4. Services Provided

We may provide customers with a number of different professional services including but not limited to business advisory services, business valuations, exit planning, business brokerage services, buyer advisory services, among others. Although we try and provide as accurate and professional information as possible, we make no guarantees or waranties as to the accuracy of these services, products, businesses, or buyers.  In no event shall we be held liable for any product or service we provide our customers or users of the website.

5. Modified Terms.

HoffBusinessAdvisors.Com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If HoffBusinessAdvisors.Com makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site.

6. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. HoffBusinessAdvisors.Com shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

7. End User Conduct.

This Site and any individual sites or Broker-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our sites are private property. All interactions on this Site must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HoffBusinessAdvisors.Com prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in HoffBusinessAdvisors.Com exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with HoffBusinessAdvisors.Com.

8. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of HoffBusinessAdvisors.Com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF HOFF BUSINESS ADVISORS, LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

9. Disclaimer of Warranty.

THE LISTINGS AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOFF BUSINESS ADVISORS, LLC DBA HOFFBUSINESSADVISORS.COM 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 BROKERABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

10. Limitation of Liability.

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 HoffBusinessAdvisors.Com, entire liability under this Agreement shall not exceed a refund to Customer of the total fees paid by Customer to HoffBusinessAdvisors.Com within the last 180 days hereunder, and in no event will Company’s liability for any reason exceed such fee. Hoff Business Advisors, LLC (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 Hoff Business Advisors, LLC (and Hoff Business Advisors, LLC’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.

11. Monitoring.

HoffBusinessAdvisors.Com shall have the right, but not the obligation, to monitor the content of the Site at all times to determine compliance with this Agreement and any operating rules established by HoffBusinessAdvisors.Com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, HoffBusinessAdvisors.Com shall have the right, but not the obligation, to remove any material that HoffBusinessAdvisors.Com in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively”Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. HoffBusinessAdvisors.Com does not control or endorse the content, messages or information found in any Community, and, therefore, HoffBusinessAdvisors.Com specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to HoffBusinessAdvisors.Com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by HoffBusinessAdvisors.Com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants HoffBusinessAdvisors.Com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see HoffBusinessAdvisors.Com Privacy Policy.

13. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to HoffBusinessAdvisors.Com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

14. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless Hoff Business Advisors, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site. End User is solely responsible for interactions with Brokers and other users of the Site. To the extent permitted under applicable laws, End User hereby releases Hoff Business Advisors, LLC from any and all claims or liability related to any product or service of a Broker, any action or in-action by Broker, including Broker’s failure to comply with applicable law and/or failure to abide by the terms of any agreement, and any conduct or speech, whether online or offline, of any other user.

15. Termination.

HoffBusinessAdvisors.Com may terminate this Agreement at any time. Without limiting the foregoing, Hoff Business Advisors, LLC shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which HoffBusinessAdvisors.Com in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

16. Third Party Content

This web site may contain hyperlinks to other web sites operated by parties other than HoffBusinessAdvisors.Com which are beyond HoffBusinessAdvisors.Com control. Parties other than HoffBusinessAdvisors.Com 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 the HoffBusinessAdvisors.Com logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the HoffBusinessAdvisors.Com site. HoffBusinessAdvisors.Com 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. HoffBusinessAdvisors.Com does not assume any liability for the actions, product, or content of any of these and any other third parties. HoffBusinessAdvisors.Com 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 HoffBusinessAdvisors.Com site, the site you will land on is not controlled by HoffBusinessAdvisors.Com and different terms of use and privacy statements may apply. HoffBusinessAdvisors.Com 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.

17. Miscellaneous.

This Agreement, and the Deliverables provided by HoffBusinessAdvisors.Com shall be governed by the laws of the State of Iowa, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Polk County, Iowa. 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, End User, Client, without the prior written consent of HoffBusinessAdvisors.Com, 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 HoffBusinessAdvisors.Com must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Company.

18) Contacting Us

Hoff Business Advisors, LLC

PO Box 5417

Coralville, IA 52241

Info@HoffBusinessAdvisors.Com

Last Updated: 6/20/2015