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TERMS AND CONDITIONS
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The agreement below is between Connect Markets and its customer. Connects Markets customer includes the seller, the buyer and the broker. Acceptance of the terms and conditions is a must to for getting membership to the site. Acceptance of the terms contractually binds the customer and Connect Markets to this agreement and its provisions as stated below. Accepting customer membership is the prerogative of Connect Markets Inc.
The Connect Markets Inc provides business for sale listing and search service for sellers, buyers and brokers. The service enables sellers / brokers to list their business/s for sale and allows buyers or brokers to access business listings and contact sellers.
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Definitions:
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Connect Markets Inc
Is the corporation that provides the business listing and search service online. Connect Markets provides the platform for sellers and brokers to list businesses.
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Sellers: Refer to business owners that wish to list their businesses expressly for sale though the Connect Markets Inc website. The seller is an individual and is expected to be the owner of the business or the person that has the rights to list the service for sale.
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Brokers: Refer to individuals that have the right to represent either the seller or the buyer. The broker must have the right to list a business for sale on behalf of the seller or have the right to search and assist the buyer in buying a new business.
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Buyer: Is an individual who wishes to search a business with the intention of buying it.
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Business refers to physical businesses and legally approved businesses.
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Listing of Service
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The listing of business or the access of listings through the Connect Markets Inc web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end customer AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Connect Markets Inc.
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Customer Information and Email Communication
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Connect Markets Inc requires the following information from its customers while registration: First Name, Last Name and a valid email address. All members are expected to maintain a valid email address at all times. The email address will be used as the login-ID and to communicate with Connect Markets Inc and others interested in your service. It is your responsibility for keeping this information confidential. You are also responsibile for any and all actions that take place using your account. You agree to immediately notify Connect Markets Inc of any unauthorized use of your password or account or any other breach of security. Connect Markets cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
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As a part of registering to be a Connect Markets Inc customer, you are explicitly granting Connect Markets Inc the permission to communicate with you via your email phone and fax. Connect Markets Inc may communicate with you regarding system messages, product updates, service announcements, other marketing messages and other information as considered relavant for your membership with Connect Markets Inc. . Connect Markets Inc will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will Connect Markets Inc have any liability for sending any email to its registered customers. Connect Markets Inc uses the email of the registered customers to only communicate information or offers about Connect Markets. We will not use this system to send mass offers for our registered customers. It is your responsibility to maintain a valid, working email address. Should your email address become nonfunctioning for any length of time, Connect Markets Inc has the right to suspend your ad and membership from the database until you have notified Connect Markets Inc that the email address is once again able to receive email. It is your responsibility to respond to email inquiries from potential buyers in a timely fashion.
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Submission and Administration of Listings
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Connect Markets Inc reviews every listing before it is posted. Once a posting is submitted it may be posted between 24 to 48 hours of submission. Connect Markets Inc may, in its sole discretion but without any obligation to search for such, remove businesses that are alleged to have been submitted in violation of this provision. In addition, Connect Markets Inc 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. Connect Markets Inc will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. It is the reposibility of customers to only submit business for listing along with details such as descriptions, financials, photographs, contact or other information contained in each business's data to Connect Markets Inc that it owns or 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 Customer's website or on the Connect Markets Inc website.
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Connect Markets Inc does not guarantee any business or inquiries due to listing your business on our site.
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Connect Markets Inc shall have the sole authority to choose the manner in which any Business will be searched or displayed or accessed and may modify the business listing for the purpose of listing on the Connect Markets Inc Website in the exercise of its rights under this Agreement. It is the customers responsibility to ensure that all Businesses and associated information submitted are accurate and the customer agrees to administer the Businesses information provided to keep it current and accurate at all times. Connect Markets Inc accepts no responsibility for checking the accuracy of information submitted for any business by the Customer. While Connect Markets Inc 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 Connect Markets Inc.
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Use of Information
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Customer agrees to treat all information and Listings obtained from the Service as proprietary to Connect Markets Inc. Customers agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of Connect Markets Inc. Connect Markets Inc 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.
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Payment Terms
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Connect Markets Inc service is a free Service. Connect Markets reserves the right to change its pricing model at any point and customers will have to start paying the fee from a reasonable time period forward. For all deals made between customers using the Listing on the Conncet Markets Inc website, the buyer pays directly to the seller. Connect Markets Inc is not involved or responsible for payments or the delivery of goods for deals.
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Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts or for penalties shall be the responsibility of and paid for by Customer. If payment is not current, Connect Markets Inc may immediately cease to provide any and all Deliverables to the customer.
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Customer may cancel their Connect Markets Inc membership by emailing info@coonnectmarkets.com or using the Contact Us page available in the footer. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. If at any point, Connect Markets decides to charge a service fee, the membership will be deactivated at the end of the current billing term. Connect Markets Inc reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing Connect Markets Inc with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
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Broker Membership
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Broker Membership privileges are granted by Connect Markets Inc to individuals exclusively and are granted specifically to the subscribing Brokers only. Broker Membership rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing Broker Member without the express written permission of Connect Markets Inc. Broker Membership privileges are subject to change from time to time and may be subject to business listing and searching limitations. Customer acknowledges that Connect Markets Inc (in addition to its other remedies) can cancel and prohibit Broker Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Connect Markets Inc also has the right to refuse service to any customer or company that at its discretion.
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Unsolicited Commercial Email (Spam)
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Connect Markets Inc prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Connect Markets Inc offers to send spam (i.e. Unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Connect Markets Inc has the right to revoke the privileges of any customer or company that breaches these terms.
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Ownership and License Grant
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Connect Markets Inc retains all rights (including intellectual property rights), title and interest in the Connect Markets Inc 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 Connect Markets Inc's technology or delete or alter author attributes or copyright notices. Customer shall use the Connect Markets Inc system solely for their own use and shall not allow others to use the Connect Markets Inc system under or through that Customer's login ID/email and password.
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Limitation of Liability
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONNECT MARKETS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONNECT MARKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL CONNECT MARKETS’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
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Indemnification
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By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Connect Markets Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Connect Markets Service; ii) unauthorized access to or alteration of your communications with or through the Connect Markets Service, or iii) any other matter relating to the Connect Markets Service. Any business transactions which may arise between users from their use of Connect Markets are the sole responsibility of the users involved.
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Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Connect Markets may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Connect Markets, its users, and the public.
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Warranty Disclaimers
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YOU UNDERSTAND AND AGREE THAT YOU USE CONNECTMARKETS.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. CONNECTMARKETS’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
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Links to Third Party Sites
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The Site may contain links to third party Web sites. These linked Web sites are not under the control of Connect Markets. These links are provided only as a convenience to you and not as an endorsement by Connect Markets of the contents of such third party Web site. Connect Markets does not make any representations, warranties or conditions regarding the accuracy of materials on such third party Web sites, the information appearing thereon or any of the products or services described. Links do not imply that Connect Markets sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Connect Markets. If you access third party Web sites you do so at your own risk and it is your responsibility, not the responsibility of Connect Markets, to take any and all appropriate protective measures before linking to these third party Web sites, including without limitation to guard against viruses and other destructive elements. Connect Markets is not responsible for the contents of any page linked to the Site or any other page not under its control.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content (collectively “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Connect Markets Inc does not create, nor have control over the Third Party Content. You agree that Connect Markets shall have no liability whatsoever for any such Third Party Content. Connect Markets makes no representations, warranties or conditions whatsoever regarding the accuracy or completeness of the Third Party Content, and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Customers visit this Site and use the information contained therein at their own risk. You represent and warrant that you are solely responsible for the form, content and accuracy of any posting or other Content placed by you, as applicable on the Site.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and content (collectively “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Connect Markets does not create, nor have control over the Third Party Content. You agree that Connect Markets shall have no liability whatsoever for any such Third Party Content. Connect Markets makes no representations, warranties or conditions whatsoever regarding the accuracy or completeness of the Third Party Content, and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Users visit this Site and use the information contained therein at their own risk.
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Other Rights of Connect Market Inc
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Customer agrees that Connect Markets Inc 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 Connect Markets Inc customers and partners. Connect Markets Inc 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. Connect Markets Inc 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. Connect Markets Inc 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 Connect Markets Inc's corporate web site.
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Miscellaneous
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The Deliverables provided by Connect Markets Inc shall be governed by the laws of the Province of British Columbia, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the Provincial and Federal courts of British Columbia, BC, Canada. 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 Connect Markets Inc, 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 Executive Officer at Connect Markets Inc.
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General
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Notices. Any demand, notice or other communication (the “Notice”) to be given in connection with the Agreement shall be given in writing on a Business Day and may be given by personal delivery or by transmittal by facsimile addressed to the recipient as follows:
In the case of Connect Markets Inc:
Attn: President, Connect Markets Inc
At:info@connectmarkets.com
Any Notice given by personal delivery will be deemed to have been given on the day of actual delivery and if transmitted by facsimile before 3:00 pm on a Business Day, will be deemed to have been given on that Business Day and if transmitted by facsimile after 3:00 pm on a Business Day, will be deemed to have been given on the next Business Day after the date of transmission.
Exclusivity. You agree not to enter into an agreement with anyone else regarding the Services.
Public relations and marketing. Customer acknowledges and confirms that Connect Markets Inc conducts public relations and marketing activities from time to time. Customer grants Connect Markets Inc a non-exclusive, royalty-free, non-assignable license to use Customer’s name, logo and the nature of the Services provided as reference in public relations and marketing materials and presentations, provided however, that such materials and presentations shall not include any Customer Confidential Information. Customer may, upon prior written notice to Connect Markets Inc, revoke such license and authorization, allowing Connect Markets Inc a reasonable time period to modify or change such material or presentations.
Assignment. User shall not assign this Agreement or any part thereof or any of its rights hereunder without the prior written consent of Connect Markets Inc which shall not be unreasonably withheld.
Governing Law. This Master Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Parties hereto irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of British Columbia.
Entire Agreement. This Agreement supersedes all prior representations, arrangements, negotiations, understandings and agreements between the Parties, both written and oral, relating to the subject matter hereof, and sets forth the entire complete and exclusive agreement and understanding between the Parties hereto relating to the subject matter hereof; no party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.
Amendment. Except as expressly provided in this Agreement, no amendment, supplement, restatement or termination of any provision of this Agreement is binding unless it is in writing and signed by each Party.
Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party (a “Force Majeure Event”). In the case of a Force Majeure Event, the affected party, upon giving prompt written notice to the other party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference, provided that the affected party shall use commercially reasonable efforts to avoid or remove such causes of non-performance and to perform with dispatch whenever such causes are removed or cease to exist.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original agreement and all of which shall constitute one agreement. All counterparts shall be construed together and shall constitute one and the same agreement. This Agreement, to the extent signed and delivered by means of electronic transmission (including, without limitation, facsimile and Internet transmissions), shall be treated in all manner and respects as an original agreement and should be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.
Further Assurances. User shall at any time and from time to time, upon each request of Connect Markets Inc, execute and deliver such further documents and do such further acts and things as Connect Markets Inc may reasonably request to evidence, carry out and give full effect to the terms, conditions, intent and meaning of this Agreement.
Binding Effect. This Agreement shall be binding upon and endure to the benefit of the Parties hereto, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and permitted assigns.
Severability. If any covenant or provision, or portion thereof, of this Agreement is determined to be void or unenforceable such void or unenforceable covenant or portion thereof, is hereby concede to be severable from the balance of this Master Agreement; such a determination shall not, in any event, affect or impair the validity of the balance of the covenant or provision, nor shall it affect or impair the validity of any other covenant or provision herein contained.
Non-Waiver. No waiver of any breach of any provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. Failure by Connect Markets Inc to exercise any of its rights or remedies hereunder or its delay to do so shall not constitute a waiver of those rights or remedies. The single or partial exercise of a right or remedy by Connect Markets Inc shall not prevent its subsequent exercise or the exercise of any other right or remedy.
Language. The Parties hereto have requested that this Agreement and all correspondence and all documentation relating to this Agreement, be written in the English language. Les parties aux présentes on exigé que la présente entente, de meme que tout la correspondance et la documentation relative à cette entente, soien rédigées en langue anglaise.
Currency. Unless otherwise stated, reference to the sums of money herein refer to law money of Canada
Headings. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and will not affect the constructions or interpretation of the Agreement.
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