Terms & Conditions
Terms of Use
The submission of information to, and use of, the business listing service ("Service") available through the LittleBizTrader web site (located at http://www.LittleBizTrader.com) is subject to the following terms and conditions. By submitting information to, or accessing information from, the Service, you, the end user customer ("Customer") AGREES TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and LittleBizTrader, an operating division of Adcomm, Inc. ("LittleBizTrader" or the "Company").
If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: President, Adcomm, Inc, P.O Box 2256 Durango, CO 81302. Company may update these terms and conditions at any time and without notice. The latest version of these Terms of Use is available on the LittleBizTrader website.
GENERAL PROVISIONS
DISCLAIMER: LITTLEBIZTRADER IS ONLY A VENUE
Our site acts as the venue for sellers to list businesses for sale and buyers to express interest in and learn more about those businesses. Our listing of businesses for sale and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. We are not involved in the actual transaction between buyers and sellers. For that reason all users of our site agree to be solely responsible for the legal and regulatory compliance of any transaction they enter into, and LittleBizTrader makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves and businesses they list for sale or express an interest in, LittleBizTrader cannot and does not confirm each user's purported identity and makes no inquiries, assurances, or guarantees about the veracity of business listings or expressions of interest in or offers to purchase such business listings. As a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell the businesses listed or the ability of buyers to buy the businesses they express an interest in. We cannot assure and do not guarantee that a buyer or seller will actually complete a proposed transaction. Use of information contained in listings on LittleBizTrader is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation, or favoring by LittleBizTrader.
LittleBizTrader assumes no responsibility for consequences resulting from the use of the information herein, or from use of the information obtained at linked internet addresses, or in any respect for the content of such information, including but not limited to errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. LittleBizTrader is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including but not limited to any express or implied warranties of merchantability of fitness for a particular use or purpose, are made by LittleBizTrader with respect to such information.
INFORMATION
You, the Customer, hereby agree to provide true, complete and correct information to LittleBizTrader, and maintain and update that information, as circumstances require. As a Customer, you are responsible for your own content and are responsible for the consequences of any content you provide. The information You provide shall not be: false, inaccurate or misleading; fraudulent or involve the sale of counterfeit or non-owned items; infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; create liability for LittleBizTrader or cause LittleBizTrader to lose the services of LittleBizTrader's ISPs or other suppliers; or link directly or indirectly to, or include descriptions of, goods or services that are prohibited hereunder which You do not have a right to link to or include. LittleBizTrader reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, LittleBizTrader does not control the information provided by other users that is made available through LittleBizTrader's site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using LittleBizTrader's site, and be aware that there is the risk of dealing with underage persons or people acting under false pretense.
COPYRIGHT
The contents of this site and any products or services provided or sold by LittleBizTrader, including the site's text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses for sale listed on the site, are the property of LittleBizTrader or its content suppliers, and are subject to the copyright or other intellectual property rights of LittleBizTrader and to the terms of licenses held by LittleBizTrader. These materials are protected by US federal, state and international copyright laws and do not constitute material in the public domain. The manner in which the content is arranged and assembled (compiled) on this site is the exclusive property of LittleBizTrader and is protected by US federal, state and international copyright laws. No part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, published or transferred, in any form or by any means, except with the prior written permission of, and with express attribution to LittleBizTrader. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this site, or of any products or services sold by LittleBizTrader, is strictly prohibited. Copyright infringement is a violation of federal law subject to criminal and civil penalties. By submitting any information or other material to us, you thereby automatically grant LittleBizTrader a perpetual, worldwide, royalty-free, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed.
TRADEMARKS
"LittleBizTrader" is a registered trademark of LittleBizTrader. All trademarks, service marks, trade names, trade dress and logos displayed on or contained in this site, or in any products or services sold by LittleBizTrader, are the property of LittleBizTrader or others, whether registered or unregistered marks. Nothing on this site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the express written permission of LittleBizTrader or the third party owner of the mark. Marks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the marks. Your use of the marks displayed on this site, or in products or services sold by LittleBizTrader, except as provided in this notice, is strictly prohibited.
COPYRIGHT POLICY
LittleBizTrader values the copyrighted and trademarked materials it owns and that are owned by others. LittleBizTrader therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. LittleBizTrader may immediately terminate your use of, or access to, the site at any time if it decides that you have breached this Agreement, any relevant law, rule, regulation or ordinance or that You have infringed or appear to have infringed the intellectual property rights LittleBizTrader or of others. If you believe that any material contained in this site infringes your copyright, you should notify LittleBizTrader of the alleged copyright infringement claim in accordance with the following procedure.
LittleBizTrader will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act and other applicable intellectual property laws. Please send any notification of claimed copyright infringement to this site's designated Agent for Notice of Claims to: President, Adcomm, Inc. P.O Box 2256 Durango, CO 81302. To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for LittleBizTrader to locate the material; contact information of the notifying party, including address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury, that the information in the notification is accurate and that the notifying party is the owner or authorized agent of the allegedly infringed work.
USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by LittleBizTrader. LittleBizTrader and its affiliates reserve the right to refuse service, terminate relationships, and/or cancel orders in their discretion, including, without limitation, if LittleBizTrader believes that user's conduct violates applicable law or is harmful to the interests of LittleBizTrader and its affiliates.
LittleBizTrader retains all rights (including intellectual property rights), title and interest in the LittleBizTrader website and all underlying technology and data, including any enhancements and improvements thereto. Customer will not and will not knowingly permit others to: decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of LittleBizTrader's technology or delete or alter author attributes or copyright notices. Customer shall use the LittleBizTrader system solely for their own use and shall not knowingly permit others to use the LittleBizTrader system under or through that Customer's account.
EMAIL COMMUNICATION
LittleBizTrader utilizes email as a primary communication channel with customers. As a Customer, and by submitting your information on the LittleBizTrader website, you hereby acknowledge and grant LittleBizTrader the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes LittleBizTrader determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. LittleBizTrader will use best efforts to honor Customers' requests to opt-out from receiving emails, but under no circumstances will LittleBizTrader bear any liability for sending any email to its users and Customers.
BUSINESS BROKER MEMBERSHIPS
Business Broker Memberships are granted by LittleBizTrader to individuals exclusively and are granted specifically to the subscribing Member only. A "Member" is defined as and is interchangeably referred to herein as "Customer" or "You". Membership rights and privileges cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing Member without the express written permission of LittleBizTrader. Membership rights and privileges are subject to change from time to time and may be subject to certain limitations. Customer acknowledges that LittleBizTrader (in addition to its other remedies) may terminate the Membership rights and privileges to any individual, organization, or group that does not abide by the Terms of Use set forth in this Agreement and/or can refuse any or all membership rights and privileges. LittleBizTrader also has the right to refuse service to any Customer who has delinquent charges that remain unpaid, and may impose additional charges to reactivate any membership rights and privileges.
Free Trial Membership
Please read Rates & Fees for the terms & optional charges associated with the Free trial membership.
PAYMENT TERMS
Customer agrees to pay for all products ordered through the LittleBizTrader website using the payment method indicated, and Customer provides LittleBizTrader express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of LittleBizTrader products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any event other than the delivery of the ordered Deliverables. Any attorney's fees, court costs, or other costs incurred by LittleBizTrader in collection of delinquent, undisputed fees shall be the responsibility of and paid for by, the Customer. If payment is not current, LittleBizTrader may immediately cease to provide any and all Deliverables to the Customer. The fees paid for monthly subscriptions are non-refundable (unless otherwise noted), regardless of whether the subscription is terminated prior to the end of the current term. Customer may cancel their LittleBizTrader Membership by emailing Customer Service (www.LittleBizTrader.com) or leaving a voicemail cancellation request, or by using the Cancel Billing option in the Account section of the website. All cancellation requests will be processed within five (5) business days. The membership will be deactivated at the end of the current term. The Company reserves the right to change its fees, payment frequency, 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 sole responsibility to promptly provide the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
NOTE: 30 Day Risk- Free Guarantee
If for any reason you are not fully satisfied with our service, contact us within 30 days and receive a full refund. This is available to first-time standard and featured ad users only. This guarantee does NOT apply to free trial memberships.
LINKS TO OTHER WEBSITES AND SERVICES
At certain places on this LittleBizTrader Internet site, live links to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of LittleBizTrader. LittleBizTrader is not responsible for the availability, content or accuracy of any other pages or other sites linked via this website. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation, or favoring by LittleBizTrader.
To the extent that portions of this site contain links to outside products, services and resources, all relationships arising from such links are between the Customers and the outside providers and do not involve LittleBizTrader, and any concerns about such products, services or resources should be directed to the particular outside provider. LittleBizTrader does not guarantee or warrant the accuracy or completeness of the information or content included on other sites, nor the quality of products or services provided or sold.
DELIVERY AND RETURN POLICIES
Whenever possible, all services and products of LittleBizTrader will be delivered to the Customer via the Internet and this website, or other electronic medium. To the extent that such delivery is not reasonably possible, LittleBizTrader may elect to deliver the same by an overnight or other commercial delivery service. No LittleBizTrader products or services may be returned and no refunds will be given for any items purchased from LittleBizTrader.
LIMITATIONS OF LIABILITY
THIS SITE IS PROVIDED BY LITTLEBIZTRADER ON AN "AS IS" BASIS. LITTLEBIZTRADER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LITTLEBIZTRADER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LITTLEBIZTRADER WILL NOT BE LIABLE FOR ANY ALLEGED DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING UPON WHERE YOU RESIDE.
In the event that you have a dispute with one or more other users, you release LittleBizTrader (and its officers, directors, agents, servants, subsidiaries, affiliates and employees) from any and all claims, demands and damages (actual, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
INDEMNITY
You agree to indemnify and hold LittleBizTrader and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims or demands, including reasonable attorney's fees, relating thereto, made by any third party due to or arising out of your breach of this Agreement or the materials that this Agreement incorporates by reference or your use of this website, or your violation of any law, rule, regulation, Court Order or other legal mandate, or your violation of the rights of a third party.
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, our website, or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Durango, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
CONTRUCTION AND APPLICABLE LAW
This site is created and controlled by Adcomm, Inc in the State of Colorado, USA. As such, the laws of the State of Colorado will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action brought by any LittleBizTrader customer against littleBizTrader or our subsidiaries, affiliates, officers, directors, agents, and employees must be brought in La Plata County, Colorado.
If any provision of the foregoing is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any action, inaction or breach by you or others does not waive our right to act with respect to the same, prior, subsequent or similar actions, inactions or breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter herein. LittleBizTrader reserves the right to make changes to our site, these Terms of Use and this Agreement at any time without notice to anyone.
Should you have other questions or concerns about the Terms and Conditions, please contact us.
