Terms & Conditions








TERMS AND CONDITIONS





 





Terms of Use



The submission of information to, and use of, the business listing service
("Service") available through the Mergermart web site (located at
http://www.mergermart.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 Mergermart,
an operating division of The Online Group, Inc. ("Mergermart " 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, The Online Group, Inc., 91
East Main Street, Milford, MA 01757. 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 Mergermart website.





GENERAL PROVISIONS





 





DISCLAIMER: MERGERMART
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
Mergermart 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, Mergermart
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 Mergermart 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 Mergermart.





Mergermart 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. Mergermart 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 Mergermart with respect to such
information.





 





INFORMATION



You, the Customer, hereby agree to provide true, complete and correct
information to Mergermart, 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 Mergermart or cause Mergermart to
lose the services of Mergermart'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. Mergermart
reserves the right to edit, restrict or remove any content you provide for any
reason at any time. In addition, Mergermart does not control the information
provided by other users that is made available through Mergermart's site. You
may find other user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using Mergermart'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 Mergermart,
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 Mergermart or its content
suppliers, and are subject to the copyright or other intellectual property
rights of Mergermart and to the terms of licenses held by Mergermart. 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 Mergermart 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 Mergermart. 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 Mergermart,
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 Mergermart 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



"Mergermart" is a registered trademark of Mergermart. 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 Mergermart, are the property
of Mergermart 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 Mergermart 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 Mergermart,
except as provided in this notice, is strictly prohibited.





 





COPYRIGHT POLICY



Mergermart values the copyrighted and trademarked materials it owns and that
are owned by others. Mergermart 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. Mergermart 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 Mergermart or of others. If you believe that any material
contained in this site infringes your copyright, you should notify Mergermart
of the alleged copyright infringement claim in accordance with the following
procedure.





Mergermart 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, The Online Group, Inc., 91 East Main
Street, Milford, MA 01757. 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 Mergermart
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 Mergermart. Mergermart and its affiliates reserve
the right to refuse service, terminate relationships, and/or cancel orders in
their discretion, including, without limitation, if Mergermart believes that
user's conduct violates applicable law or is harmful to the interests of Mergermart
and its affiliates.





Mergermart retains all rights (including intellectual property
rights), title and interest in the Mergermart 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 Mergermart's technology or
delete or alter author attributes or copyright notices. Customer shall use the Mergermart
system solely for their own use and shall not knowingly permit others to use
the Mergermart system under or through that Customer's account.





 





EMAIL COMMUNICATION



Mergermart utilizes email as a primary communication channel with customers. As
a Customer, and by submitting your information on the Mergermart website, you
hereby acknowledge and grant Mergermart the permission to communicate with you
via email (as well as other communication channels such as phone and fax) for
any purposes Mergermart determines to be relevant including, but not limited
to, system messages, product updates, newsletters, service announcements and
other marketing messages. Mergermart will use best efforts to honor Customers'
requests to opt-out from receiving emails, but under no circumstances will Mergermart
bear any liability for sending any email to its users and Customers.





 





BUSINESS BROKER MEMBERSHIPS



Business Broker Memberships are granted by Mergermart 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 Mergermart. Membership rights and privileges are
subject to change from time to time and may be subject to certain limitations.
Customer acknowledges that Mergermart (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. Mergermart 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.





 





PAYMENT TERMS



Customer agrees to pay for all products ordered through the Mergermart website
using the payment method indicated, and Customer provides Mergermart express
authorization to charge said fees to their payment provider. Fees owed depend
on the specific type and quantity of Mergermart 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 Mergermart in collection of delinquent, undisputed fees shall be
the responsibility of and paid for by, the Customer. If payment is not current,
Mergermart 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 Mergermart Membership by
emailing Customer Service (www.Mergermart.com) or by using the Manage Subscription Status
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 Mergermart 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 Mergermart. Mergermart 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 Mergermart.





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 Mergermart,
and any concerns about such products, services or resources should be directed
to the particular outside provider. Mergermart 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 Mergermart 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, Mergermart may elect
to deliver the same by an overnight or other commercial delivery service. No Mergermart
products or services may be returned and no refunds will be given for any items
purchased from Mergermart.





 





LIMITATIONS OF LIABILITY



THIS SITE IS PROVIDED BY MERGERMART ON AN "AS IS" BASIS. MERGERMART
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, MERGERMART
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MERGERMART
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 Mergermart (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 Mergermart 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 Milford, Massachusetts, 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 The Online Group, Inc. in the State of Massachusetts,
USA. As such, the laws of the State of Massachusetts will govern this
Agreement, without giving effect to any principles of conflicts of laws. Any
action brought by any Mergermart customer against Mergermart or our
subsidiaries, affiliates, officers, directors, agents, and employees must be
brought in Worcester County, Massachusetts.





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. Mergermart 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.















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