The submission of information to, and use of, the business listing service (“Service”) available through the www.raptbizbrokers.com website relating to a business for sale marketplace owned, operated, or powered by Rapt Enterprises, Inc (d/b/a Rapt Business Brokers) (“Company”) is subject to the following Terms of Use. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (“Customer” or “you”) AGREE TO THE FOLLOWING TERMS OF USE and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms of Use are a legal agreement between Company and you (the “Agreement”).
If you do not agree to these Terms of Use, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Rapt Business Brokers, 100 Sunnyside Blvd. Ext, Woodbury NY 11797. Company may update these Terms of Use at any time and without notice.
General Provisions
For Sale by Owner Advertising Service
This Service is an online business advertising, searching and information service provided by Rapt Business Brokers. Rapt is providing this service to a business owner (Customer) to sell a business owned by him directly and is not otherwise a party to any transaction between the business purchaser and the seller. Rapt will be entitled to a success fee when the business is sold to a prospect responding to the advertisement who completes the purchase of the business. Rapt does not guarantee or ensure any business or any transaction between the seller and purchaser, or credit reporting agency, and does not guarantee any results from using the Service.
Company Communication
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. 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.
Customer Privileges
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered member only. 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 Company 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 of Use herein or abuses their rights related to the Company service.
Submission and Administration of Listings
Customer agrees not to submit through the Websites any description, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Service unless Customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to Company which contains any misrepresentations or unsuitable, inappropriate, or controversial content, or otherwise violates any terms of this Agreement. Company reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent the business opportunity or category exclusively. 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 Company Websites. The Company shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Company shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all business and associated information provided by Customer will be accurate, and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising; (b) agrees that Customer will not permit the posting of a business on the Websites under a name other than that of the business owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times; (d) shall ensure to respond to all buyer inquiries relating to the listing in a prompt, professional and respectful manner; and (e) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision. Company reserves the right to remove all or any part of the listings posted on the Company website.
Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. Customer will be solely responsible for retaining back-up copies of all information, photographs, and other materials it provides to Company.
Use of Information
All information obtained from the Service, including business listings, buyer directory, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company. 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 Business Broker or other Business Intermediary/Advisory 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.
Term and Termination
The Company offers single listing subscriptions through www.raptbizbrokers.com/selling-a-business/for-sale-by-owner/. Customer may select a three-month listing agreement or longer at the discretion of the Company. Customer agrees to pay a success (Transaction) fee should the business be sold to a prospect reached through the service.
The fee schedule is as follows:
| Minimum Fee | |
| For Business Sales of Up to $250,000 | $2,500 |
| For Business Sales Greater than $250,000 but less than $500,000 | $5,000 |
| For Business Sales Greater than $500,000 but less than $750,000. | $7,500 |
| For Business Sales Greater than $750,000 but less than $1,000,000 | $10,000 |
| For Business Sales Greater than $1,000,000 | 1% of the Business Sale Price |
Customer may cancel a listing at any time.
Company reserves the right to terminate a Customer’s membership at any time without prior notice. Upon termination, Company shall have no obligation to maintain or forward any content in your account. In addition, the Company may require additional evidence of compliance with the provisions of this Agreement from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.
Payment Terms
Customer agrees to remit the Transaction fee in accordance with the above schedule for any business listed with the Company for whom the Customer completes a sale with a buyer responding to the ad. Payment will be made by bank check to Rapt Enterprises, Inc. at the closing of the transaction and promptly remitted to Rapt. Customer may cancel their Company product membership by contacting us only by email aferrara@raptbizbrokers.com or by fax (516-739-0347). All cancellation requests will be processed expeditiously, and a cancellation confirmation will be emailed to the email address on record for the account. 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, etc.).
Email Services; Unsolicited Commercial Email (Spam)
Company prohibits the use of its 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 of Use. Customer may not use the listing contact form to promote products or services to the responder of the ad. Company has the right to revoke the privileges of any customer or company that breaches these terms. The email services that Company offers is intended to be used by users for business purposes. Customer has no expectation of privacy in its use of such email services. Customer’s use of the email services constitutes consent to monitoring, retrieval, and disclosure to third parties of any information provided within the email service.
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.
Warranty Disclaimers
Although Company Makes Efforts to Provide an Accurate Product, the Listings and Service are Provided “as is,” “With all Faults” and “as Available.” Company Does not Endorse or Recommend any Content Arising out of the Service and Customer Uses Such Content at Customer’s own Risk. 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, Non Infringement 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.
Procedure for Making Notification of Claims of Copyright Infringement
Company and its affiliates respect the intellectual property of others, and Company asks those posting or transmitting any content to or through Company’s services or any associated websites to respect copyright law. It is the policy of Company to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on any Company website or Company’s other online services in a way that constitutes copyright infringement, you may notify Company according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, Company’s DMCA registered agent can be reached as follows: by mail to Rapt Enterprises, Inc., 100 Sunnyside Blvd Ext, Woodbury, NY 11797; by e-mail to aferrara@raptbizbrokers.com and by telephone at 516-739-0346. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
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. 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 resolve disputes among users of the Service; or monitor or verify the accuracy or proper use of the listings. Company reserves the right to modify or change any and all Terms of Use at any time. The most current copy of these Terms of Use will be posted and available for review on Company’s corporate website at www.raptbizbrokers.com/terms-of-use/.
Miscellaneous
This Agreement, the Service and the Deliverables provided by Company shall be governed by the laws of the State of New York, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Nassau County, New York. 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 Company, which retains the right to withhold consent in its sole discretion. The Terms of Use 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 Company.
Listing Restrictions
Customer acknowledges that business listings will only be added to the Websites by an owner of the business. All listings must be added in accordance with the Submission and Administration of Listings terms, as above. Listings may be only for established businesses, business real estate for sale, or asset sales (e.g., sale of equipment, fixtures, applicable licenses, website domains, etc.). Listings for businesses that are no longer active or available for sale must be immediately removed from the Websites. Company reserves the right, in its sole discretion, to remove any listing from the Service. Company reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms.
