PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE (“Agreement”). By accessing, browsing and/or using this Site, you (“You” or “User”) acknowledge that You have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
Application of Terms
This Agreement applies to this Site even if You or your company has signed a Confidentiality Agreement or any other Agreement with the Owner of this site. Information may be changed or updated without notice. The Owner of this site may also make changes to this Agreement or this Site at any time without notice.
Intended Audience
This Site is operated and/or controlled by its owner (“Owner”) and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials and services found on this Site (collectively, the “Content”) is intended for the lawful use of the Owner, its employees and members of the general public who are citizens of the United States of America and are over the age of 17. This Site is not a children’s site and Owner does not solicit data from children or market to children. This Site is controlled and operated in whole or in part by Owner from its offices within the United States. Owner makes no representations that this Site or the Content is appropriate or available for use in other locations. Those accessing this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. By accessing this Site, You acknowledge that Owner reserves the right in its sole discretion to refuse or terminate access to this Site at any time.
Nothing on this Site shall be interpreted as offering legal advice.
Privacy
The Owner of this Site is confidential and You agree to not to disclose the name or identity of the Owner without Owner's prior consent.
Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT USER'S SOLE RISK. OWNER DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES OWNER MAKE ANY WARRANTY AS TO THE QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT OR SERVICE OBTAINED BY USER VIA THIS SITE. OWNER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT IN RELATION TO THIS SITE.
General Release
You release Owner, its affiliates, its and their officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User's use of this Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OWNER BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR THE INTERNET GENERALLY, INCLUDING USER'S USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF USER IS DISSATISFIED WITH THIS SITE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.
Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY LOSSES, COSTS, DAMAGES, LIABILITY OR EXPENSES, INCLUDING COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE.
Termination
Owner reserves the right, in its sole discretion and without notice, at any time and for any reason to: (a) remove or disable access to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site; or (c) suspend, postpone or cancel the sale of the business.
Non-Exclusive
This Site is an advertisement by the Owner to solicit interested parties to contact them regarding the potential sale of a business. No sale is final until the parties have executed a mutually accepted Purchase Agreement. The Owner reserves the right to refuse any offer or Confidentiality Agreement with or without cause in their sole judgment. The Owner may accept and negotiate multiple agreements or offers until such time as an exclusive negotiation agreement is executed by the Owner. This is not an offer to sell stock or any other securities.
Miscellaneous
a. Notice. All notices to Owner shall be by facsimile transmission or e-mail or as otherwise listed on the Contact Us Page.
b. Law. This Agreement shall be governed by the laws of the State of Texas applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
c. Forum; Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Texas. Venue shall be in Harris County, Texas.
Entire Agreement
This Agreement constitutes the complete statement of the agreement between the parties with respect to this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.