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.
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
Customer agrees to pay for all products ordered through the HoffBusinessAdvisors.Com website, or via Hoff Business Advisor’s, LLC. using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of Hoff Business Advisors products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. 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 Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month or term of the contract. Business advisory contracts are for a minimum period of 1 year, and buyer advisory contracts are for a minimum period of 1 month. Fees paid are not refundable. No partial month (or partial term if longer than a month) refunds will be provided. Customer may cancel their HoffBusinessAdvisor.Com membership by contacting us by email at firstname.lastname@example.org or by fax at (888-958-6418). All cancellation requests will be processed within two (2) business days, 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
Customer 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 valuations, lease and contract reviews, cost savings analyisis, marketing ideas, web hosting, 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.
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.
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.
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.
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.
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.
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 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
Last Updated: 6/20/2015