|
General
The services described in this Website are offered only in the United States and Puerto Rico. Nothing in this Website should be considered a solicitation to buy or an offer to sell such services in any jurisdiction where the offer or solicitation would be unlawful under the laws.
Information contained on this Website is provided for informational purposes and should not be construed as legal advice on any subject matter. The reader should always seek the legal advice of counsel in the appropriate jurisdiction. The reader’s use of this Website and all information made available through this Website is at the reader’s own risk. You agree that Business Transition Specialists LLC will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever arising our of your use or inability to use this Website or any information, products or services of Business Transition Specialists LLC, whether based on contractual, statutory, tort or other grounds.
The submission of information to and use of the business listing service ("Service") available through the BTSLLC web site 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. These Terms and Conditions are a legal agreement between you and Business Transition Specialists LLC ("BTS" or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. BTS may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the BTSLLC website.
Membership Privileges
Membership privileges are granted by BTS to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of BTS. BTS requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the BTSLLC system. Members are not permitted to share their individual logon information with others. BTS 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 BTSLLC service.
BTS utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant BTS the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes BTS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. BTS will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will BTS have any liability for sending any email to its registered users/customers.
Submission and Administration of Listings
BTS 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 BTSLLC website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Businesses and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a business on the BTSLLC 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; (c) agrees to administer the Businesses provided by the Customer in order to maintain accuracy at all times. BTS reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Businesses posted on the Customer's website or on the BTSLLC website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer about listed companies. While BTS shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BTSLLC.
Use of Information
Customer agrees to treat all information and Listings obtained from the Service as proprietary to BTS. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of BTS. BTS does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at the Customer's own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Listings to personal and internal use, and shall not use Listings 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 Listings obtained from the Service for or in connection with any other listing service or device. 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.
Payment Terms
Customer agrees to pay for all products ordered through the BTSLLC web site or via the Client Services using the payment method indicated and provides BTS express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of BTSLLC 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, BTS 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. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but will be subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. It is the Customer's responsibility to promptly providing the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Limitation of Liability and Indemnification
IN NO EVENT SHALL BTS 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 BTS's entire liability under this Agreement shall be a refund to Customer of the fees paid to BTS hereunder, and in no event will BTS's liability for any reason exceed such fee. BTS (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 BTS (and BTS'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.
Warranty Disclaimers
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BTS 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 BTS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, 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
This web site may contain hyperlinks to other web sites operated by parties other than BTS, Inc. and its subsidiaries which are beyond BTS's control. Parties other than BTS 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 BTSLLC's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the BTSLLC site. BTS 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. BTS does not assume any liability for the actions, product, and content of all of these and any other third parties. BTS 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 BTSLLC site, the site you will land on is not controlled by BTS and different terms of use and privacy statements may apply. BTS 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.
Other Rights of BTS
Customer agrees that BTS shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by BTSLLC customers and partners. BTS 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. BTS 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. BTS 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 BTS's corporate web site.
Miscellaneous
The Deliverables provided by BTS shall be governed by the laws of the State of Missouri, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Jackson, Missouri. 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 BTS, 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 Chief Financial Officer at BTS.
Ownership and License Grant
BTS retains all rights (including intellectual property rights), title and interest in the BTSLLC Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of BTS's technology or delete or alter author attributes or copyright notices. Customer shall use the BTSLLC system solely for their own use and shall not allow others to use the BTSLLC system under or through that Customer's login ID/email and password.
COPYRIGHT
This Website is copyrighted © 2005 and all rights are reserved. Business Transition Specialists LLC and/or third parties own all logos, trademarks, trade names, and materials comprising this Website. No part of this information service may be captured and reproduced in any form or by any means for the purpose of distributing the information to other parties without permission in writing from Business Transition Specialists LLC.
|
