The submission of information to, and use of, the business listing service ("Service") available through the Capital Business
Solutions web site (located at http://www.capitalbbw.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 Capital Business Consultants, LLC
("Company" or "CBS").
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: Capital Business Solutions 1525 NW 3rd Street Suite #9, Deerfield Beach, FL 33442.
Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions are
available on the Capital Business Solutions website at http://www.capitalbbw.com.
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 without customer's permission.
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 CBS 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 CBS service.
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 Capital Business Solutions 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 Capital Business Solutions website. Customer agrees not to submit any image to Capital Business Solutions 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. 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 Capital Business Solutions 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 Capital Business Solutions 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 Capital Business Solutions 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. 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 Capital Business Solutions 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 Capital Business Solutions.
Use of Information
Customer agrees to treat 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”) as proprietary to Company.
Customer agrees that Content reserved for members will be 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. 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.
Customer agrees to pay for all products ordered through the Capital Business Solutions web site, or via Capital Business Solutions
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 Capital Business Solutions
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. No partial month refunds will be provided. Customer
may cancel their Capital Business Solutions product membership by contacting us only by email at firstname.lastname@example.org.
All cancellation requests will be processed within two (2) 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. 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.).
Unsolicited Commercial Email (Spam)
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.
Ownership and License Grant
Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Capital Business
Solutions Web site and all underlying technology and data including any enhancements and improvements thereto as a result of
providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile,
disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of
Company's technology or delete or alter author attributes or copyright notices. Customer shall use the Capital
Business Solutions system solely for their own use and shall not allow others to use the Capital Business Solutions
system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created
in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under
statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights
associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright
registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress,
and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection
of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other
proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the
foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
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. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the
fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. 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 KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES
TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than Company which are beyond Company's control.
Parties other than Company may provide services or sell product lines on this site that take you outside of our service. This
includes links from advertisers, sponsors, and content partners that may use Capital Business Solutions's logo(s) as part of
a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the
Capital Business Solutions site. Company does not control, is not responsible for examining or evaluating, and does not
warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not
assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no
representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of
material on such third party web sites. When you click on a link that leaves the Capital Business Solutions site, the site
not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions
caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of Company
Customer agrees that Company shall have the right to use Listings and other information submitted to it for any
purpose, including without limitation for publication of all or part of such Listing on the Internet for
unrestricted use by Capital Business Solutions 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 reserves the right to modify or change any and all terms and
conditions at any time. The most current copy of these terms and conditions will be posted and available for review
on Company's corporate web site at http://www.capitalbbw.com.
This Agreement, 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 New York, NY. 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 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. 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 Company.