Terms and Conditions | Business Exchange

Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN THE LEGAL TERMS THAT GOVERN YOUR USE OF ALL THE BUSINESS EXCHANGE WEBSITES.

BY SUBMITTING INFORMATION to, or accessing information from, the Business Exchange website, YOU, the end user (“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 and are subject to the Business Exchange’s Privacy Policy, Commenting Guidelines and the terms and conditions set out below. These Terms and Conditions are a legal agreement between the Customer and the Business Exchange or the “Company”.

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Business Exchange website. All questions concerning this Agreement should be directed to:

Business Exchange
General Manager
1271 Avenue of the Americas
43rd Floor
New York NY 10020

Warranty Disclaimers, Limitation of Liability & Indemnification

IN NO EVENT SHALL THE 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. The 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 the 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 CANADA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Listings Submissions

The Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business’s data to the Business Exchange 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 Business Exchange website.

The Customer agrees not to submit any image to the Business Exchange which contains inappropriate content. The Business Exchange may, in its sole discretion but without any obligation to search for such, remove a business listing that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.

Each listing purchased by the Customer on the Business Exchange website is permitted for one business for sale opportunity/entity, and may not be changed or edited in an attempt to sell a different business entity. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Business Exchange website. The Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Business Exchange website and the Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. The Customer:

– Represents and warrants that all Businesses and associated information provided by Customer will be accurate;
– Agrees that the Customer will not permit the posting of a business on the Business Exchange system under a name other than the named licensed business 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;
– Agrees to administer the Listings provided by Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the Business Exchange website.

The Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. While the Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to the Business Exchange.

Limitations on Self-Promotion and Marketing

The Business Exchange restricts the inclusion of self-promoting information on listings. This includes, but is not limited to, self-promotion on photos and/or listing descriptions.

Photos and Video Walkthroughs. You may not include marketing information, including, without limitation, an Agent or Broker’s name, company name, logo, phone number and/or email address on listing photos or in video walkthroughs, whether as text, a watermark, or otherwise.

Listing Descriptions. You may not include marketing information, including, without limitation, an Agent or Broker’s name, phone number and/or email address within a listing description.

Profile Name and Photo. You may not include contact information, or any promotional or marketing information (including a phone number, email address, website URL, promotional tagline or slogan, or discount offer) in your profile photo or as part of your name as it appears in your profile.

Proper Use of Site

Customer privileges are granted by the Business Exchange to individuals exclusively and are granted specifically to the registered member only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of the Company. The Company requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Business Exchange system. Customers are not permitted to share their individual logon information with others. The Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the Business Exchange service.

In order to be able to post comments on the Business Exchange Websites, you may be required to register. Should you choose to register, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on the Business Exchange Websites, and (b) all activities that occur under such password or account. Further, you agree to notify the Business Exchange of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate, we have the right to suspend or terminate your account.

Company Communication

The Business Exchange utilizes email as a primary communication method with their users/customers. Users/Customer hereby acknowledges and grants the Business Exchange permission to communicate via email for any purpose the Business Exchange determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Business Exchange will use best efforts to honor User’s/Customer’s request to opt out of marketing messages, but under no circumstances will the Business Exchange have any liability for sending any email to its registered users/customers. The Business Exchange assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.

Unsolicited Emails (Spam)

The Business Exchange prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). The Business Exchange reserves the right to revoke the privileges of any customer or company that breaches these terms.

Authorization to Call or Text You; Recording Calls

You agree to receive calls, including autodialed and/or pre-recorded message calls, from the Business Exchange at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

To contact you for reasons relating to your account or your use of our sites, services, application or tools or as authorized by applicable law; we may do so at any of the telephone numbers we have in our records for you.

To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. You understand and agree that the Business Exchange may, in its discretion, monitor or record telephone conversations you have with the Business Exchange or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with the Business Exchange may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by the Business Exchange.

Intellectual Property & Copyright Infringement

The Business Exchange respects the intellectual property of others, and we ask our users to do the same. Material available on the Business Exchange websites may be protected by copyright, trademark and the intellectual property laws of the United States and/or other countries.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Business Exchange website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by mail to the Business Exchange Corp., Avenue of the Americas, 43rd Floor, New York, NY 10020. Please include the following information in your written notice:

(1) a detailed description of the copyrighted work that is allegedly infringed upon;

(2) a description of the location of the allegedly infringing material on the website;

(3) your contact information, including your address, telephone number, and, if available, e-mail address;

(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and

(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Reproduction, duplication, or distribution of the Business Exchange Websites and/or all or any part of their contents is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from the Business Exchange). The content may not be modified in any manner and the intellectual property notice must be included on every display and copy of the content. No other use is permitted. Nothing contained herein shall be construed as conferring any right under any copyright of the Business Exchange or any other person who owns the copyright in the content provided on the Business Exchange Websites.

All trademarks and trade names are trademarks or registered trademarks of the Business Exchange Corp. or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on each of the Websites does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.

Information, brand names and other contents of the Business Exchange Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of the Business Exchange or their trademark holders.

When you submit a classified ad for publication on the Business Exchange website, you agree that the advertisement as it appears on the Business Exchange website becomes our property and you assign all ownership interest in the advertisement as it appears on the Website under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion.

Governing Law and Jurisdiction

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Business Exchange. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a provincial or federal court located in York Region, Ontario, Canada. You also agree that the laws of the Province of Ontario and, to the extent applicable, the laws of the Canada will govern these Terms of Use, as well as any legal claim that might arise between you and us. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in York Region, Ontario, Canada in any legal action or proceeding relating to us or these Terms of Use.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations.

Changes to this Agreement

The Company reserves the right to change these Terms and Conditions from time to time by updating this posting. Please check the Terms and Conditions periodically for changes. Your continued use of the Business Exchange Websites following the posting of these Terms and Conditions will mean you accept those changes.