Terms of Service

1. Acceptance of Terms

1.1 Binding Agreement

By creating an account, accessing business listings, or using any feature of our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Age and Capacity Requirements

You must be at least 18 years of age and have the legal capacity to enter into contracts to use this Platform. Business acquisitions require legal and financial competence.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform. Your continued use after such changes constitutes acceptance of the modified Terms.

2. Platform Description

2.1 Service Overview

EnterpriseForSale operates a private, confidential marketplace connecting qualified buyers with established businesses for sale. Our Platform facilitates introductions and information exchange but does not directly participate in transactions.

2.2 Role as Marketplace

We are a marketplace platform, not a broker, financial advisor, or legal representative. We do not:

• Represent buyers or sellers in transactions
• Provide investment, legal, tax, or financial advice
• Guarantee the accuracy of listings or user representations
• Participate in negotiations or transaction closings
• Act as an escrow service or handle transaction funds

2.3 Professional Advisors

Users are strongly encouraged to retain qualified professionals including attorneys, accountants, business brokers, and financial advisors for any business acquisition or sale.

3. User Accounts

3.1 Account Registration

To access most Platform features, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Types

The Platform offers different account types:

• Buyer Accounts: For individuals or entities interested in acquiring businesses
• Seller Accounts: For business owners listing their businesses for sale
• Admin Accounts: Internal accounts for Platform management

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

3.4 One Account Per User

Each user may maintain only one active account. Multiple accounts by the same individual or entity are prohibited and may result in termination of all accounts.

4. Buyer-Specific Terms

4.1 Buyer Qualification Process

Buyers must complete a qualification profile to access confidential business information. By submitting your buyer profile, you represent and warrant that:

• All information provided is accurate and complete
• You have genuine interest in acquiring a business
• You have sufficient financial capacity for contemplated acquisitions
• You are not a competitor conducting due diligence on competitors
• You will conduct yourself professionally and in good faith

4.2 Approval and Rejection

We reserve the right to approve or reject any buyer profile at our sole discretion. Approval may be granted, denied, or revoked without explanation. This is necessary to protect seller confidentiality.

4.3 Information Use

As a buyer, you agree to:

• Use business information only for evaluating acquisition opportunities
• Not share confidential information with third parties without authorization
• Comply strictly with all NDA terms for each business
• Conduct due diligence through proper channels and representatives
• Not contact business employees, customers, or suppliers without authorization

4.4 No Guarantee of Opportunity

Approval as a qualified buyer does not guarantee access to any specific listing. Sellers retain the right to restrict access to their confidential information based on buyer profile or other factors.

5. Seller-Specific Terms

5.1 Listing Submissions

Sellers may submit business listings for review. By submitting a listing, you represent and warrant that:

• You are the authorized owner or representative of the business
• You have authority to offer the business for sale
• All information provided is accurate, complete, and not misleading
• Financial information is based on actual records
• There are no undisclosed material facts or liabilities
• The business is not subject to pending litigation or bankruptcy

5.2 Listing Review and Approval

All seller listings are subject to our review and approval. We reserve the right to:

• Request additional documentation or verification
• Decline listings that don't meet our quality standards
• Edit or format listing content for consistency
• Remove or suspend listings that violate Terms
• Determine appropriate revenue and EBITDA ranges for public display

5.3 Listing Fees and Commissions

[Specify your fee structure - listing fees, success fees, commission structure, etc. For example:]

• Initial listing review is free
• Approved listings may be subject to monthly listing fees
• Success-based commission applies to completed transactions
• Payment terms will be outlined in a separate seller agreement

5.4 Confidentiality and Information Control

Sellers control the level of confidentiality for their listings. You may:

• Choose to make business name confidential or public
• Approve or reject individual buyer access requests
• Restrict information access by industry or geography
• Remove listings at any time

5.5 Exclusivity

Unless specified in a separate agreement, listings on EnterpriseForSale are non-exclusive. You may list your business on other platforms or with brokers simultaneously.

6. Non-Disclosure Agreement (NDA) Requirements

6.1 Mandatory NDA

Access to confidential business information requires signing a separate NDA for each specific listing. The NDA is a legally binding contract between you and the business seller.

6.2 NDA Terms

By signing an NDA, you agree to:

• Keep all confidential information strictly confidential
• Use information solely for evaluating the acquisition opportunity
• Not disclose information to any third party without authorization
• Return or destroy confidential materials upon request
• Not contact business employees, customers, or suppliers
• Not use information to compete with or harm the business

6.3 NDA Breach Consequences

Breach of an NDA may result in:

• Immediate termination of Platform access
• Legal action by the affected seller
• Monetary damages as specified in the NDA
• Injunctive relief and equitable remedies
• Permanent ban from the Platform

6.4 Electronic Signatures

NDAs on our Platform use electronic signatures. By typing your name and clicking "Accept," you agree that this constitutes a legally binding electronic signature equivalent to a handwritten signature.

7. Prohibited Conduct

You agree NOT to engage in any of the following prohibited activities:

7.1 Misrepresentation and Fraud

• Providing false or misleading information about yourself or a business
• Impersonating another person or entity
• Creating multiple accounts or fake identities
• Misrepresenting your qualifications or financial capacity

7.2 Confidentiality Violations

• Sharing confidential business information without authorization
• Using information to compete with or harm listed businesses
• Contacting business stakeholders without permission
• Violating any NDA terms or obligations

7.3 Competitive Intelligence

• Accessing listings to gather competitive intelligence
• Using Platform access to research competitors
• Sharing market intelligence gleaned from confidential listings

7.4 System Abuse

• Attempting to circumvent security measures
• Scraping, crawling, or automated data extraction
• Reverse engineering or decompiling Platform code
• Introducing viruses, malware, or harmful code
• Overloading or disrupting Platform infrastructure

7.5 Unauthorized Transactions

• Attempting to circumvent the Platform to avoid fees
• Conducting side deals without proper disclosure
• Using Platform connections for unauthorized purposes

7.6 Illegal Activities

• Using the Platform for money laundering
• Facilitating fraud or other illegal activities
• Violating securities laws or regulations
• Engaging in any activity prohibited by law

8. Intellectual Property

8.1 Platform Ownership

The Platform, including all content, features, functionality, software, and design, is owned by EnterpriseForSale and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 User Content

You retain ownership of content you submit (business listings, profile information, messages). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and reproduce such content as necessary to operate the Platform.

8.3 Trademarks

"EnterpriseForSale" and related logos are our trademarks. You may not use our trademarks without prior written consent.

9. Disclaimers and Warranties

9.1 "AS IS" Service

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Accuracy

We do not guarantee the accuracy, completeness, or reliability of any business listing, financial information, or user profile. Buyers must conduct their own due diligence.

9.3 No Investment Advice

Nothing on the Platform constitutes investment, financial, legal, or tax advice. You must consult qualified professionals before making any acquisition decision.

9.4 No Guarantee of Results

We do not guarantee that:

• Buyers will find suitable acquisition opportunities
• Sellers will receive offers or complete transactions
• Listings are accurate or up-to-date
• The Platform will be error-free or uninterrupted
• Any particular results will be achieved

9.5 Third-Party Content

The Platform may contain links to third-party websites or services. We are not responsible for third-party content, policies, or practices.

10. Limitation of Liability

10.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTERPRISEFORSALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM:

• Your use or inability to use the Platform
• Any business transaction or acquisition
• Inaccurate or incomplete listing information
• Breaches of confidentiality by other users
• Unauthorized access to your account
• Errors, bugs, or system failures
• Acts or omissions of third parties

10.2 Maximum Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 User Responsibility

You acknowledge that business acquisitions carry inherent risks. You are solely responsible for:

• Conducting thorough due diligence
• Verifying all information independently
• Retaining qualified advisors
• Making informed investment decisions
• Any losses resulting from business transactions

11. Indemnification

You agree to indemnify, defend, and hold harmless EnterpriseForSale, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your breach of any NDA
• Your violation of any law or regulation
• Infringement of any third-party rights
• Your use of the Platform
• Content you submit to the Platform
• Any business transaction you pursue

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us. Signed NDAs and confidentiality obligations survive account termination.

12.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Breach of any NDA
• Fraudulent or illegal activity
• Misrepresentation of qualifications
• Abuse of Platform or other users
• Any reason at our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to access the Platform immediately ceases
• All confidentiality obligations remain in effect
• Signed NDAs continue to be binding
• We may delete your account data (subject to legal retention)
• Unpaid fees become immediately due

13. Dispute Resolution

13.1 Informal Resolution

Before filing any claim, you agree to attempt to resolve disputes informally by contacting us at legal@enterpriseforsale.com.

13.2 Binding Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, conducted in [Your State/Location].

13.3 Class Action Waiver

You waive the right to participate in class actions or class arbitrations. All disputes must be brought individually.

13.4 Equitable Relief

Notwithstanding arbitration, either party may seek injunctive or equitable relief in court for breaches of confidentiality or intellectual property rights.

14. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of [Your State], United States, without regard to conflict of law provisions. Any legal action must be brought in the state or federal courts located in [Your County/State].

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable NDAs, constitute the entire agreement between you and EnterpriseForSale.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

15.5 Survival

Provisions regarding confidentiality, indemnification, limitation of liability, and dispute resolution survive termination of these Terms.

16. Contact Information

For questions about these Terms of Service, please contact: