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Our Terms of Agreement

The information on this page details our agreement for working together. Please read this information carefully.

Acceptance of Terms
The Business Market website ("Site") is owned and operated by B Source, Inc. ("B Source"). In order for you to make use of the Site, it is required that you agree to all of the terms and conditions of this Agreement, which may be updated by B Source from time to time without notice to you. This Agreement states the terms and conditions under which electronic commerce, B Source content, software and any other material are provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Site, which are incorporated herein by this reference. Any modifications or enhancements to the Site shall be governed by the terms and conditions of this Agreement.

Registration
Each registration is for a single user only. In consideration of your use of the Site and the services contained therein, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your email address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting the terms and conditions of this Agreement, you also represent and warrant that you are 18 years of age or older and that if you have accepted the terms and conditions of this Agreement on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so. Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, B Source may suspend or terminate your account, and refuse any and all current or future use of the Site and the services provided.

Requests for Information
When you submit a request for information about one or more franchises, you understand that you are engaging the franchisor(s) in discussion about the possiblity of purchasing their franchise. In addition, you understand that you are asking franchisors to spend resources fulfilling your requests. As a result, you agree to provide complete and accurate information when you complete the request for information form. Failure to do so will result in the addition of your IP address to our blacklist, and you will no longer be able to use the Site.

Privacy Statement
Registration and other information about you are subject to B Source's Privacy Policy and shall only be used in accordance with that policy. For more information, please go to the Privacy Policy.

Your Use of the Site
You are solely responsible for all messages, data, requests, information and other materials (the "Messages") that you upload, post, e-mail or otherwise transmit ("Transmit") to and via the Site.

You further agree that you will not: a. Use the Site in any unlawful manner or Transmit any Content or Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortuous, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; b. Use the Site to harm minors in any way; c. Transmit any Messages: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; d. Forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the Site; e. Interfere with the Site or servers or networks connected to the Site; f. Interfere with the ability of others to use the Site; g. Reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site or any Messages contained therein; or h. Conduct your business on the Site or any web sites, with respect to B Source, in a way that is unfair, unlawful, or constitutes a deceptive business practice; i. Otherwise use the Site in connection with violation of any law or contract. You acknowledge and agree that B Source may disclose or use any Messages that you Transmit for the purposes of (i) enforcing the terms and conditions of this Agreement; (ii) complying with any laws, regulations or rules of any federal, state or local government or agency; (iii) responding to claims that any Messages violate the rights of third parties; or (iv) protecting the rights or property of B Source, its customers and the public. With respect to Messages that you Transmit to public areas of the Site, you grant B Source a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Messages.

Maintenance of the Site
You agree and acknowledge that B Source may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. B Source may also, from time to time, establish general rules and policies regarding use of the Site. B Source will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. B Source shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.

Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnification
You agree to hold harmless and indemnify B Source, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Site, any Messages that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

Site Content
The Site and all material on the Site (the "Content") contained therein, including, without limitation, all text, graphics, and other works on the Site, the Site's design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by B Source or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site, ordering products or services through the Site or otherwise as expressly authorized by B Source or the owner of the Content in question, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site, without the prior written consent of B Source. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. B Source grants you a personal, non-transferable, nonexclusive license to use the Site and the Content displayed therein, provided that you comply with these Terms and Conditions and any other rules regarding such use.

B Source Trademarks
Following are trademarks or registered trademarks of B Source:

B Source®
The Business Market®
The Franchise Market ®
The Franchise Engine ®
FranchiseServer®
BrokerSource®

The trademarks listed above are and shall remain the property of B Source. All other trademarks, service marks, logos, and company names (each a "Mark") used in the Site are the property of BBSource or third parties and shall remain the property of B Source and such third parties.

Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the written permission of B Source or such third party that may own the Mark displayed on the Site. Your misuse of any Mark displayed on the Site, or any other content on the Site is strictly prohibited.

Linked Sites
B Source has not reviewed all of the sites linked to the Site and is not responsible for the content of any third-party pages or any other sites linked to the Site. Nothing in the Site, including, without limitation, any links to other sites, should be construed as an endorsement of any products, services or information of any other persons or companies by B Source. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. B Source reserves the right not to link, or to remove the link, to a particular site at any time.

Franchise Listings
The Business Market is powered by The Franchise Engine, and all franchise listings are created on behalf of B Source's franchise clients. B-Source disclaims any liability associated with any inaccurate information contained in the listings, and highly recommends that you ask for and review all legal information prior to purchasing or investing in a franchise.

Termination
You acknowledge and agree that B Source may terminate your account or use of the Site for any reason, including, without limitation, for your violation of the terms and conditions of this Agreement or your lack of use of the Site. You agree that B Source may terminate your access to and use of the Site without prior notice and without any liability to you or any third party.

Software Applications
Any software (the "Software") that is made available through the Site to download, use or otherwise license is the copyrighted work of B Source and/or its third-party suppliers. If applicable, use of the Software shall be governed by the terms of a license agreement (the "End User License Agreement"), which may accompany or be included with the Software. You agree to comply with the terms of all End User License Agreements that may be associated with Software that you download, use or otherwise license through the Site, in addition to the terms and conditions of this Agreement.

Disclaimers and Limitation of Liability
B SOURCE IS PROVIDING THE SITE AND ITS CONTENTS, INCLUDING EXPERT CONTENT AND ADVICE DELIVERED TO YOU VIA EMAIL OR TELEPHONE EXCHANGE, ON AN "AS-IS, AS-AVAILABLE" BASIS. BSOURCE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, B SOURCE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. B SOURCE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE INFORMATION ON THE SITE IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY. B SOURCE AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE SITE CONTENT, OR OTHERWISE ARISING OUT OF ANY B SOURCE WEB SITES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF B SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NO INFORMATION DISPLAYED OR INCLUDED IN THE SITE OR OTHERWISE OBTAINED BY YOU FROM B SOURCE OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY, NOR IS IT INTENDED TO SUPPLY LEGAL, FINANCIAL, MANAGEMENT, HUMAN RESOURCES, ACCOUNTING, OR OTHER FORMS OF ADVICE. USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

IN NO EVENT SHALL B SOURCE OR THIRD PARTIES WHO CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, B SOURCE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

Proper Law and Jurisdiction
The Site is controlled and managed from the B Source offices in Colorado. All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of Colorado, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Colorado, shall not apply. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Jefferson County, Colorado, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by B Source.

Notice
Notices to you may be made via either e-mail or regular mail. B Source may also provide Notices of Changes in the terms and conditions of this Agreement or other matters by displaying notices or links to notices to you generally on the Site.

All notices, demands, or consents given under this Agreement from you will be in writing and will be deemed given when delivered to B Source by an email with the subject heading "CONTRACT NOTICE" which is sent to a B Source-designated URL for support and/or notice@thebusinessmarket.com.

Violations
Please report any violations of the terms and conditions of this Agreement to B Source using the contact information.

Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement. If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.

Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.

No action arising under this Agreement may be brought at any time more than six (6) months after the facts occurred upon which the cause of action arose.

The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. B Source's decision not to enforce a particular provision of this Agreement does not mean that B Source waives the right to enforce it. B Source shall waive such a right only in writing.

Last Updated: 02/09/2008

 
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