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TERMS AND CONDITIONS
Welcome to the GlobalBX™ website (the "Site"). GlobalBX™ and its affiliates provide their products and services to you subject to the terms, conditions and notices contained in this Terms and Conditions ("Agreement").
Acceptance of Terms
Failure to abide by the following terms, conditions or notices will prohibit your use of this Site or to conduct business with GlobalBX™. By using this Site, you are indicating your acceptance to be bound by these terms, conditions and notices. We reserve the right to make changes to our Site and Agreement at any time without notice to you. Please visit this page periodically to review the Agreement because they are binding to you.
Use of Site Content
The contents of this Site, and of all other sites under the control of GlobalBX™, whether partial or otherwise such as text, graphics, images, logos, button icons, software, audio and video clips and other Site content (collectively, "Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Site Content is the property of GlobalBX™ or its content suppliers or clients. The collection, arrangement and assembly (compilation) of all content on this Site is the exclusive property of GlobalBX™ and protected by U.S. federal, state and international copyright laws. 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 GlobalBX™, is strictly prohibited. By submitting any information or other material to us, you automatically grant GlobalBX™ a perpetual, worldwide, royalty-free, irrevocable, 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. You shall not copy or adapt the HTML code that GlobalBX™ creates to generate any Site Content. It is also protected by GlobalBX™'s copyright.
Limitations of Liability
GlobalBX™ acts as a venue. This Site acts as a venue and is provided on an "as is" basis for sellers to list businesses for sale and buyers to express interest in these businesses. GlobalBX™ is not involved in the actual transaction between buyers and sellers. As a result, GlobalBX™ has no control over the quality, safety, legality or regulatory compliance of any transaction they enter into, the truth or accuracy of the listings, the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
Because user authentication on the Internet is difficult, GlobalBX™ cannot and does not confirm each user's assumed identity. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release GlobalBX™ (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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."
We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site.
The Site Content may contain inaccuracies or typographical errors. GlobalBX™ makes no representations about the accuracy, reliability, completeness, or timeliness of any material in the Site Content. The use of our Site and the Site Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any business listing or material contained therein placed by you on the Site. Sellers are solely responsible for their postings on the Site.
GLOBALBX™ DOES NOT WARRANT THAT ANY SITE PAGES WILL OPERATE ERROR-FREE OR THAT ANY SITE PAGE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE PAGE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GLOBALBX™ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE PAGES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GLOBALBX™, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLOBALBX™ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL GLOBALBX™, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE PAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SITE PAGE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GLOBALBX™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Web Sites and Services
Our Site contains links to third party web sites. GlobalBX™ is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
GlobalBX is in no way obligated to refund any money for any service purchases after the actual service has been activated or implemented. All sales are final, and all fees are non-refundable and non-transferable.
GlobalBX™ reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your listings from this Site and immediate termination of your registration with or ability to access this Site and/or any other service provided to you by GlobalBX™ upon any breach by you of this Agreement or if GlobalBX™ is unable to verify or authenticate any information you submit to the Site.
You agree to defend, indemnify, and hold harmless GlobalBX™, subsidiaries, affiliates, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by a third party alleging or resulting from your use of the materials or your breach of the terms of Agreement.
Any controversy or claim arising out of or relating to this Agreement 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 San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.