Welcome to the website and services provided by the California Association of Business Brokers, Inc (“CABB”). The CABB provides services on its websites, including mobile versions of the websites (collectively, the “Sites”), via software and any other software we may make available through the Sites (if any) (“Site Software” and, collectively, the “Services”). These Terms of Service govern your access and use of all such Services provided by the CABB, and all of its subsidiaries, affiliates, brands and entities that it controls (collectively “CABB,” “we,” or “our”) and may supplement other terms and conditions associated with services you access or download through CABB. Please read these Terms of Service carefully.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://cabb.org/tos. CABB may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Sites and Services, including users who are also contributors of Content to the Services. “Content” includes the text, information, statistics, data, software, scripts, forms, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services (to the extent the submission of Content is enabled). The Services include all aspects of CABB, including, but not limited to, all services offered via the Sites.
The Services may contain links to third-party websites and advertisements that are not owned or controlled by CABB. CABB has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, CABB will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve CABB from any and all liability arising from your use of any third-party website.
2. Permitted Use of the Services
CABB grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services solely for your personal purposes.
CABB hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that:
A. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use, copying, disassembly, reverse compilation or reverse engineering of any Site Software;
B. Except to the extent, such actions are permissible by Subscribers (as that term is defined below), you agree not to copy, reproduce, distribute, transmit, broadcast, display, resell, license, or otherwise commercially exploit any Services for any other purposes without the prior written consent of CABB. All copyright and other proprietary notices on any Services content must be retained on any copies;
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” on the Services;
D. You agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data;
E. You agree not to post, display or transmit any user content that violates any third-party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or propriety right of a third-party;
F. You agree not to post, display or transmit any content that is unlawful, abusive, harassing, tortious, defamatory, libelous, threatening, pornographic, incites violence, contains nudity or graphic or gratuitous violence, invades another’s privacy, or qualifies as “hate speech”;
G. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., private messages, email) for any commercial solicitation purposes;
H. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content;
I. You agree not to bully, intimidate or harass any other user of the Services;
J. You agree that you will not use the Services for any misleading, malicious, or discriminatory purposes;
K. In your use of the Services, you agree that you will comply with all applicable laws.
CABB reserves the right to modify, suspend or discontinue any aspect of the Services at any time with or without notice.
3. CABB Accounts
In order to access certain features of the Services, you may have to create a CABB account. You may never use another’s account without permission. When creating your account, you must provide accurate and truthful information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CABB immediately of any breach of security or unauthorized use of your account.
Although CABB will not be liable for your losses caused by any unauthorized use of your account or your failure to comply with the above requirements, you may be liable for the losses of CABB or others due to such unauthorized use.
Content is provided to you AS IS. You may access Content for your informational and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You understand that when using the Services, you will be exposed to Content from a variety of sources and that CABB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CABB with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless CABB, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services. CABB is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of the Content if you desire.
You understand that CABB does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to CABB all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service. You acknowledge and agree that CABB may display advertisements, product and service offers and deals and other information with Content and that you are not entitled to any compensation for such advertisements.
For clarity, you retain ownership of Content submitted by you. However, by submitting Content to CABB, you thereby grant CABB a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and CABB's (and its successors’ and affiliates’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Services will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CABB all of the license rights granted herein.
CABB does not endorse any Content submitted to the Services by any user or other licensors, or any opinion, recommendation, or advice expressed therein, and CABB expressly disclaims any and all liability in connection with Content. CABB does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and CABB reserves the right (but has no obligation) to review any Content, investigate, and/or take appropriate action in our sole discretion (including the removal of all Content) if properly notified that such Content infringes on another’s intellectual property rights.
CABB reserves the right to remove Content without prior notice for any reason or for no reason.
5. CABB Forms
CABB forms are copyright protected and only current CABB members in good standing may use CABB forms. Non-members or non-member associates working under a Broker member may NOT use CABB forms. For further information on the proper use of CABB forms, see Section 14.01 of CABB’s By-Laws (https://cabb.org/about/by-laws). CABB shall enforce the provisions of this Section by all legal means. If you become aware of any improper or unauthorized use of CABB forms, please notify us immediately at email@example.com(link sends e-mail).
CABB makes no representation as to the legal validity or adequacy of any form provision in any specific engagement or transaction. CABB forms are not appropriate for every transaction. When in doubt, consult an experienced transactional attorney.
6. Copyright Policy
It is CABB’s policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate the web pages or accounts of users of the Site who may infringe the copyrights or other intellectual property rights of CABB and/or others. Pursuant to 17 USC Section 512 as amended by Title II of the Digital Millennium Copyright Act, CABB has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed, please send a notice to our designated agent (information below).
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement. Our DMCA Registered Agent is:
Attn: Copyright Agent
California Association of Business Brokers
4747 North First Street, Suite 140
Fresno, CA 93726
7. Account Termination Policy
These Terms of Service will remain in full force and effect while you use the Services unless otherwise terminated. CABB will suspend a user’s rights to use the Services or terminate a user’s access to the Services if, under appropriate circumstances and at CABB’s sole discretion, the user is determined to be in violation of these Terms of Services. Any termination of a user’s account involves deletion of the Content associated therewith from our live databases and CABB will have no liability in connection therewith.
You agree not to hold CABB liable for the Content, actions, or inactions of other users. As a condition of access to the Services, you release CABB (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not CABB becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
9. Compliance with Laws
You agree to comply with all applicable federal, state and local laws and regulations in connection with your use of the Services.
At CABB’s request, you agree to defend, indemnify and hold harmless CABB, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including, without limitation, attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of these Terms of Service, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CABB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CABB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ITS SITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO ITS SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CABB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CABB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitations of Liability
IN NO EVENT SHALL CABB, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE MAXIMUM LIABILITY OF CABB ARISING OUT OF OR IN ANYWAY CONNECTED TO THESE TERMS OF SERVICE OR THE SERVICES SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE OR THE SERVICES.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
SHOULD YOU INTEND TO CREATE OR TO JOIN ANY SERVICE, RECEIVE OR REQUEST ANY SUCH NEWS, MESSAGES, ALERTS OR OTHER INFORMATION FROM OUR SERVICES CONCERNING COMPANIES OR INVESTMENTS, PLEASE REVIEW THE ABOVE SECTIONS WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY AGAIN. IN ADDITION, FOR THIS PARTICULAR TYPE OF INFORMATION, THE PHRASE “LET THE INVESTOR BEWARE” IS APPROPRIATE. CABB’S CONTENT IS PROVIDED PRIMARILY FOR INFORMATIONAL PURPOSES. CABB AND OUR LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED AND/OR MADE AVAILABLE BY WAY OF OUR SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY PURCHASE AND/OR INVESTMENT DECISIONS BASED ON ANY SUCH INFORMATION.
CABB IS NOT LICENSED OR QUALIFIED TO PROVIDE LEGAL, ACCOUNTING OR TAX ADVICE. SELLER AND BUYER ARE ADVISED TO CONSULT WITH INDEPENDENT ATTORNEYS, ACCOUNTANTS AND OTHER COMPETENT PROFESSIONALS WHEN EVALUATING, ENTERING INTO AND/OR COMPLETING TRANSACTIONS.
13. Entire Agreement
14. No Use by Children Under 13
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Services.
15. Governing Law
These Terms of Service are made and entered into in the State of California and shall be governed by, interpreted, enforced and construed in all respects in accordance with the laws of the State of California, excluding its conflict of laws rules. The language of all parts of these Terms of Service shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Fresno County for the purposes of litigating all such claims or disputes. Notwithstanding the foregoing, CABB may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.