Terms and Conditions
General Terms and Conditions
The submission of information to, and use of, the business listing service (“Service”) available through the BuySellCannaBiz.com web site (located at http://www.BuySellCannaBiz.com.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”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and BuySellCannaBiz.com, or the “COMPANY”.
BuySellCannaBiz.com, most commonly accessed by www.buysellcannabiz.com is operated by BUYSELLCANNABIZ.COM, and the information on our site is largely based on data submitted by others not associated with BUYSELLCANNABIZ.COM. BUYSELLCANNABIZ.COM has not verified the accuracy of the information contained in the BUYSELLCANNABIZ.COM system and makes no warranty, express or implied, concerning the information contained in this service and expressly disclaims any warranty of accuracy, completeness, merchantability and fitness for a particular use. This disclaimer includes posts on third party sites for accounts related to BUYSELLCANNABIZ.COM including but not limited to sites such as twitter, Facebook, Google+ and LinkedIn where accounts/pages have been created related to BUYSELLCANNABIZ.COM websites and services. See more about third party sites in the “Links to Third Party Sites” subsection below.
Your use of BUYSELLCANNABIZ.COM and all information, products and services made available through this website, and related websites is at your own risk. You agree that BUYSELLCANNABIZ.COM will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever arising out of your use or inability to use this website or any information, products or services of BUYSELLCANNABIZ.COM, whether based on contractual, statutory, tort or other grounds.
BUYSELLCANNABIZ.COM reserves the right to refuse service to any questionable user activity, or remove outdated accounts and/or account information to protect the integrity of the website.
BUYSELLCANNABIZ.COM disclaims any responsibility for any actions taken as a result of the information displayed on any pages of the BUYSELLCANNABIZ.COM websites.
Limitation of Liability and Indemnification
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. COMPANY (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from CUSTOMER’s use of the Deliverables, and CUSTOMER shall indemnify COMPANY (and COMPANY’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than CUSTOMER arising from CUSTOMER’s use or application of the Services or the Deliverables.
THE LISTINGS AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
BUYSELLCANNABIZ.COM provides its services with the understanding that BUYSELLCANNABIZ.COM is not rendering legal, financial or investment advice. If you are buying or selling a business, real estate, or any other available listing or service, BUYSELLCANNABIZ.COM recommends before making any decision or taking any action which might affect your personal finances or business you consult with a qualified attorney, accountant, financial advisor and/or business broker who understands your particular factual situation.
Links to Third Party Sites
Other Rights of Company
With respect to Listings and other information submitted to COMPANY, CUSTOMER agrees to grant COMPANY and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use Listings and other information submitted to it for publication of all or part of such Listing on the Internet for unrestricted use by BuySellCannaBiz.com CUSTOMERs and partners. COMPANY 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. COMPANY 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.
COMPANY utilizes email as a vital and primary communication channel with CUSTOMERs. As a registered user, CUSTOMER hereby acknowledges and grants COMPANY permission to communicate with CUSTOMER via email (as well as other communication channels such as phone and fax) for any purpose COMPANY determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. COMPANY will use best efforts to honor CUSTOMER’s request to opt out of marketing messages, but under no circumstances will COMPANY have any liability for sending any email to its registered users/CUSTOMERs. COMPANY assures CUSTOMER that under no circumstances will it knowingly share personal and/or email information with any third party.
The CUSTOMER understands BUYSELLCANNABIZ.COM makes its best effort to insure that all email inquiries sent via online forms are delivered. CUSTOMER understands BUYSELLCANNABIZ.COM takes no responsibility for email inquiries which may have failed to be delivered. BUYSELLCANNABIZ.COM attempts to store all email inquiries to brokers and sellers in their accounts and recommends that sellers and brokers login frequently to insure they are receiving these inquiries. BUYSELLCANNABIZ.COM recommends users to check their respective SPAM and JUNK email folders.
Use of Information
All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to CUSTOMER in the Service (individually and collectively, the “Content”) is proprietary to COMPANY and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. CUSTOMER agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of COMPANY. COMPANY does not ensure the accuracy of, endorse or recommend any Content and CUSTOMER uses such Content at the CUSTOMER’s own risk. CUSTOMER may access the Content solely to obtain initial information from which further evaluation and investigation may commence. CUSTOMER shall limit access to and use of Content to personal and internal use, and shall not use Content 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 Content obtained from the Service for or in connection with any other listing service or device. CUSTOMER shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. CUSTOMER shall not access or use any portion of the Service if you are a direct or indirect competitor of COMPANY, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of COMPANY (by way of example, a “direct or indirect competitor” of COMPANY includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). 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 and will be assessed an excessive use fee of $500.
Unsolicited Commercial Email
COMPANY 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 COMPANY offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. COMPANY has the right to revoke the privileges of any CUSTOMER or COMPANY that breaches these terms.
CUSTOMER privileges are granted by COMPANY to individuals exclusively and are granted specifically to the registered member only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of COMPANY. COMPANY requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the BuySellCannaBiz.com system. CUSTOMERs are not permitted to share their individual logon information with others. COMPANY has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the BuySellCannaBiz.com service.
All listings and accounts are paid at the beginning of the billing cycle. In the event that CUSTOMER does not cancel account and request to remove listing before the renewal date, the account is automatically billed. CUSTOMER will be responsible for payment for the duration the listing appears on the BuySellCannaBiz.com website. CUSTOMER agrees to pay for all products ordered through the BuySellCannaBiz.com web site, or via BuySellCannaBiz.com client services personnel (“Client Services”) using the payment method indicated and provides COMPANY express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of BuySellCannaBiz.com products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by CUSTOMER. If payment is not current, COMPANY may immediately cease to provide any and all Deliverables to the CUSTOMER. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for business listings and other products are not refundable. This agreement applies to all users of BUYSELLCANNABIZ.COM. BUYSELLCANNABIZ.COM may amend this Agreement at any time.
You can CANCEL or UPDATE your listing anytime however no pro-ration is given for any account. CUSTOMER may remove and cancel account at anytime by completing the removal form when logged into the BuySellCannaBiz.com seller or broker account, sending an email to us from the email on file, or leaving a clear voicemail with all account details (name, email on file, phone number, and listing number). All cancellation requests will be processed within four (4) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. Subscription cancellations must be received within four (4) business days prior to the expiration of each Billing Cycle Date.
COMPANY reserves the right to change its fees or billing methods at any time. COMPANY will provide timely notice to the affected CUSTOMERs of any such changes. It is CUSTOMER’s responsibility to promptly provide COMPANY with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
If cancellation of a subscription is not received in accordance to BUYSELLCANNABIZ.COM terms and conditions, the account will renew automatically on the established billing date. Prices may be subject to change however CUSTOMERS will be notified of any change via email. BUYSELLCANNABIZ.COM assumes no responsibility for the source, accuracy, or completeness of information provided by CUSTOMER. All information is assumed to be accurate. BUYSELLCANNABIZ.COM does not provide listing information to buyers that is not provided on the on the listing form or provide information to buyers in response to advertisements and makes no claims, warrantees, or guarantees as to results of its service. The BUYSELLCANNABIZ.COM service is being provided as is. BUYSELLCANNABIZ.COM does not take any responsibility for any actions of any site user that may take as a result of the information posted on the BUYSELLCANNABIZ.COM site. BUYSELLCANNABIZ.COM reserves the right to refuse or cancel accounts at anytime. Confidentiality is not the obligation or responsibility of BUYSELLCANNABIZ.COM. This agreement applies to all users of BUYSELLCANNABIZ.COM which includes sellers, brokers, buyers, and any visiting site user. CUSTOMER is responsible for the content of its account. CUSTOMER agrees to abide by all terms and conditions and applicable laws. CUSTOMER agrees to hold BUYSELLCANNABIZ.COM harmless from and against any complaints, claims, or liabilities associated directly or indirectly related to this service.
CUSTOMER understands that all registered user accounts including buyers, sellers, and brokers are added to the monthly email newsletter update which goes out once a month. All users can select to unsubscribe from the email newsletter by selecting the “unsubscribe” link which appears in the footer of each email.
Submission and Administration of Listings
CUSTOMER agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business’s data to BuySellCannaBiz.com unless CUSTOMER 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 BuySellCannaBiz.com website. CUSTOMER agrees not to submit any image to BuySellCannaBiz.com which contains inappropriate content. The COMPANY may, in its sole discretion but without any obligation to search for such, remove a business listing (“Business” or “Listing”) that is alleged to have been submitted in violation of this provision. In addition, the COMPANY 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. Each listing purchased by CUSTOMER on BuySellCannaBiz.com is permitted for one business for sale opportunity/entity, and may not be changed or edited in an attempt to sell a different business entity. The COMPANY will, in its sole discretion, terminate the accounts of, and refuse service to, any CUSTOMER who repeatedly or knowingly violates this Agreement. Additionally, the CUSTOMER agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the CUSTOMER’s website or the BuySellCannaBiz.com website. The COMPANY shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the BuySellCannaBiz.com website and COMPANY shall have the right to modify the business listing in the exercise of its rights under this Agreement. CUSTOMER (a) represents and warrants that all Businesses and associated information provided by CUSTOMER will be accurate; (b) agrees that CUSTOMER will not permit the posting of a business on the BuySellCannaBiz.com system under a name other than the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Listings provided by CUSTOMER and maintain their accuracy at all times; (d) agrees that all listings will be related to the legal cannabis industry. COMPANY reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the BuySellCannaBiz.com website. COMPANY accepts no responsibility for checking the accuracy of reports or data files submitted by CUSTOMER. While COMPANY shall take all reasonable efforts for data backup and business resumption, CUSTOMER will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BuySellCannaBiz.com.
BuySellCannaBiz.com reserves the right to terminate a CUSTOMER’s membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of BuySellCannaBiz.com services, nonpayment of fees owed by you in connection with BuySellCannaBiz.com services, account inactivity or technical or security issues. Upon termination, BuySellCannaBiz.com shall have no obligation to maintain or forward any content in your account.
Broker Membership privileges are granted by COMPANY to individuals exclusively and are granted specifically to the subscribing Broker Member only. Any CUSTOMER who identifies himself or herself as a broker or agent on the BuySellCannaBiz.com web site member registration form or otherwise purports to be a broker on BuySellCannaBiz.com’s web site hereby represents and warrants that CUSTOMER is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which CUSTOMER is required to be licensed and is authorized to act as an intermediary for business transactions in that state and county. The COMPANY may, in its sole discretion, terminate the accounts of, and refuse services to, any CUSTOMER who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such CUSTOMER is not a licensed broker. BuySellCannaBiz.com does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the web site. It is your responsibility to confirm the licensed status of any brokers listed on the BuySellCannaBiz.com web site.
Standard Broker membership accounts are limited to an individual business broker or agent and to no more than twenty (20) total business listings at any given time. Broker/Agent CUSTOMERS agree that a Broker Center account is to be utilized for one office for one region covered for actual listings where a representation agreement is held. BUYSELLCANNABIZ.COM defines a region as “one major metropolitan market” or as “one major county.” Broker accounts that have more than 20 listings and/or are discovered to have more than one office may be charged an additional $49.95 per month per listing and/or per office.
Broker Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Broker Member without the express written permission of COMPANY. Broker Membership privileges are subject to change from time to time and may be subject to additional business listing and searching limitations. CUSTOMER acknowledges that COMPANY (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. COMPANY also has the right to refuse service to any CUSTOMER or COMPANY that has delinquent charges that remain unpaid and to impose additional charges to reactivate Broker or other membership privileges.
Broker Member subscriptions will automatically renew at the prevailing monthly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the CUSTOMER notifies BuySellCannaBiz.com Client Services (in writing) four (4) business days prior to the renewal date. First time Broker Members may receive a full refund during the first 30 days of a membership provided that CUSTOMER provides timely notification to BuySellCannaBiz.com in writing. The COMPANY reserves the right to change its fees, payment frequency, or billing methods at any time. The COMPANY will provide timely notice of any such changes.
First time Broker Members are eligible for a free 3 month trial. This trial is limited to Standard Broker memberships, with the option to upgrade to the featured broker membership. To perform this upgrade, members will be required to pay the difference between the “standard” and “featured” membership.
CUSTOMER acknowledges that business listings will only be added to the BuySellCannaBiz.com web site if all contacts added to that listing are also subscribing individual members including Agents as described below. Standard Broker Member accounts are limited to no more than twenty (20) total business listings at any given time. Additional business listing limitations may be negotiated individually between BuySellCannaBiz.com and CUSTOMER. All listings must be added in accordance with the Submission and Administration of Listings terms, as above.
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 BuySellCannaBiz.com, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of BuySellCannaBiz.com to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, CUSTOMER agrees that the remaining terms and provisions remain in full force and effect.
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 General Manager at BuySellCannaBiz.com.
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. This Agreement, the Service and the Deliverables provided by COMPANY shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Boulder County, Colorado. 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.
The BuySellCannaBiz.com service is trademarked, 2015 by BUYSELLCANNABIZ.COM all rights are reserved. All programs, publications, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising BUYSELLCANNABIZ.COM are owned by BUYSELLCANNABIZ.COM and/or third parties. The information contained in this service and the associated databases were developed by BUYSELLCANNABIZ.COM through users, research, and/or partnerships and have been compiled and organized by BUYSELLCANNABIZ.COM and may not be extracted in any combination, however limited, for the purpose of creating or adding to another database.
No part of this information service may be captured and reproduced in any form or by any means for the purpose of distributing the information to other parties without permission in writing from BUYSELLCANNABIZ.COM. However, a few selected pages may be captured and used by journalists for magazine, newspaper or broadcast reviews of the BUYSELLCANNABIZ.COM service without written permission from BUYSELLCANNABIZ.COM.
BUYSELLCANNABIZ.COM, the BUYSELLCANNABIZ.COM logo, product names and all page headers, footers and icons are trademarks or registered trademarks of BUYSELLCANNABIZ.COM. All other product names mentioned herein are the trademarks of their respective owners.