Terms of Use

These Terms of Use (“Terms”) govern your use of businessequitypartners.com (the “Site”), operated by F5 Management, LLC, doing business as Business Equity Partners (“we,” “us,” or “our”). By using the Site, including viewing listings, submitting a form or signing an agreement on it, you agree to these Terms. If you do not agree, do not use the Site.

What the Site does

The Site helps business owners who want to sell and buyers who want to acquire businesses. It publishes business listings, collects inquiries from buyers and sellers, and lets buyers request confidential information about specific listings.

Listings

Listing information, including prices, revenue, earnings, cash flow and descriptions, is provided by sellers or taken from their records. We do not audit or independently verify it, and we make no representation or warranty that it is accurate or complete. Figures such as seller’s discretionary earnings (SDE) include adjustments that are estimates. Listings may change, be withdrawn or be sold at any time without notice. A listing is not a guarantee that a business is available or will be sold at the listed price or on the listed terms.

No offer; definitive agreements

A listing is an invitation to discuss a possible transaction. It is not an offer that can be accepted. No transaction exists, and no party is bound, until a written purchase agreement is signed by all parties. The seller may decline any buyer or offer for any reason.

Your due diligence

You are responsible for your own decisions. Before buying or selling a business, do your own due diligence and consult your own attorney, accountant, lender and other advisors. Nothing on the Site is legal, tax, accounting, financial or investment advice. The Site does not offer or sell securities.

Confidentiality and NDAs

Confidential information about a listed business, such as its name, location, financial statements, lease and information package, is released only after the buyer signs a non-disclosure agreement (“NDA”) and meets any other requirements, such as proof of funds. Whatever NDA you sign governs the information you receive, and these Terms do not limit it. Unless the seller gives written permission, do not contact a listed business’s owners, employees, customers, vendors or landlord, and do not visit the business in a way that reveals it is for sale.

Buyer qualification

We may ask buyers for proof of funds, lender pre-qualification, identification or background information before releasing confidential information. You represent that everything you provide is true, current and belongs to you or an entity you are authorized to represent. We may decline to release information to anyone, at our discretion.

Sellers

If you submit information about a business, you represent that you own it or are authorized to act for its owner, and that the information you provide is accurate to the best of your knowledge. You are responsible for the accuracy of listing information about your business.

Electronic signatures and records

You agree that typing your name into a signature field and submitting it on the Site is your legally binding electronic signature, with the same effect as a handwritten signature under the federal E-SIGN Act and the Florida Uniform Electronic Transaction Act. You agree to receive agreements, copies and notices electronically at the email address you provide. We keep a record of each signature, including its date, time and IP address.

Acceptable use

You may not: scrape, copy or republish listings; use the Site to go around a seller or the NDA process; submit false identities or information; attempt to reach non-public parts of the Site; or use the Site in any unlawful way. You must be at least 18 years old and able to form a binding contract.

Your submissions and privacy

Information you submit is handled in accordance with our Privacy Policy. We may share a buyer’s submitted information with the seller of a listing the buyer has asked about, and a seller’s confidential information with buyers who have signed an NDA.

Intellectual property

The Site and its content are owned by F5 Management, LLC or used with permission, and are protected by law. You may view the Site for your own evaluation of a possible transaction. You may not copy, reproduce or distribute its content without our prior written permission.

Disclaimers

The Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement.

Limitation of liability

To the fullest extent permitted by law, F5 Management, LLC and its members, managers and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, lost data or failed or changed transaction, arising out of or relating to the Site, any listing or any information provided through the Site. Our total liability for any claim relating to the Site will not exceed $100.

Indemnification

You agree to indemnify and hold harmless F5 Management, LLC and its members, managers and affiliates from any claims, damages or expenses, including reasonable attorney’s fees, arising out of your use of the Site, the information you submit, or your violation of these Terms or of any NDA.

Binding arbitration; class-action waiver

Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in the State of Florida. You and we waive the right to a jury trial and to take part in any class, collective or representative action. Either party may seek an injunction in court to protect confidential information or intellectual property, including to enforce an NDA. This provision is governed by the Federal Arbitration Act.

Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.

Changes to these Terms

We may update these Terms from time to time. Changes take effect when they are posted, and your continued use of the Site means you accept the updated Terms.

Contact

Send questions about these Terms to hello@businessequitypartners.com.