Disclaimer
BlindProfile provides a service where buyers can view listings of businesses for sale and other business or investment opportunities. BlindProfile is not involved in the actual transactions between buyers, sellers or investors nor the actions of its Users of the Services and has no control over the quality, safety or legality of the businesses advertised, the truth or accuracy of the listings, or the ability of buyers, sellers or investors to complete the transaction.
By accessing this site you agree that BlindProfile and all its affiliates will not be liable to you or any third party nor provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You also consent that to the full extent allowed by applicable law, BlindProfile will not be liable for any direct, indirect or consequential loss or any losses that were foreseeable by us arising from the access or use of the site or from your access or use of other material on the internet via web links for this site.
We reserve the right to deny at our sole discretion any use or access to this site or any portion thereof without notice.
The following are the official Terms and Conditions related to the use or any other activities related to BlindProfile.com. Please read these terms and conditions carefully:
TERMS AND CONDITIONS
By browsing, logging in, and using the website www.BlindProfile.com, you agree to accept these Terms and Conditions. If you do not agree to these Terms and Conditions, do not submit information to, or access information from this website. The terms and conditions of use together with the privacy policy govern BlindProfile's relationship with you (the User) in relation to this website.
The term ‘BlindProfile' or ‘Company' or ‘us' or ‘we' refers to the owner of the website whose registered office is Hönggerstrasse 22, 8037 Zurich, Switzerland. The term ‘you' refers to the User, Customer or viewer of the website. We reserve 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 the Company's corporate web site at http://www.BlindProfile.com/terms/. You will be bound by the most currently available terms and conditions starting the next time you access the site.
Content
Customer agrees that Company will have the right to use Listings and other information submitted to it for any purpose. This includes, without limitation, publication of all or part of such Listing on the internet for unrestricted use by BlindProfile customers and partners. Furthermore, Customer agrees not to submit any image/data to BlindProfile, which contains inappropriate content. It shall be at the Company's sole discretion 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 (without the obligation to search for any inappropriate material). Company will not have the obligation to resolve disputes among Users of the service; or monitor or verify the accuracy or proper use of the Listings.
Any listings provided as part of the service of BlindProfile may be accessed, but solely have the purpose of serving as initial information from which further evaluation and investigation may commence. The information does not constitute real estate, legal, tax, accounting, or other professional advice. Before acting on any information provided by BlindProfile, Users should consult an appropriate professional.
Downloads
If you download or print copies of any content displayed you must retain any copyright or other intellectual property notices contained in the original material.
You may not (i) modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the site, or any portion of it; (ii) systematically collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods nor make derivative uses of the site, or any portion of it; (iii) use any technique, including frames or framing techniques, to enclose any portion of the site (including the images found at the site or any text or the layout/design of any page or form contained on a page) without the express permission of BlindProfile. If BlindProfile believes that you have violated its intellectual property rights, BlindProfile may obtain injunctive or other appropriate relief in any federal or state court located in Zurich without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts. Except for the limited license granted to you, you are not being conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BlindProfile. Any unauthorized use of the site will terminate the permission or license granted by these Terms & Conditions and may violate applicable law including copyright laws, trademark laws (including trade dress), and other proprietary rights.
Unsolicited Commercial Email ("Spam")
BlindProfile prohibits the use of our system or its tools to generate or send unsolicited commercial email ("Spam"). Users are not allowed to use the email services that BlindProfile offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms & Conditions. BlindProfile has the right to revoke the privileges of any User that breaches these terms.
Links
From time to time this website may also include links to other websites. These links are provided for your convenience, relating to additional information. They do not signify that we endorse the website(s), nor do we have responsibility for the content of the linked website(s).
Submission and Administration of Listings
Customer agrees only to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to BlindProfile for which Customer has received all necessary rights and authorizations, including copyrights from the owner of any photographs, to publish and advertise the business on the Customer's website or on the BlindProfile website (also refer to Copy Right section). In addition, the Company may ask for additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. 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 BlindProfile 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 BlindProfile website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. Customer (a) guarantees that all Businesses and related information provided by Customer will be accurate; (b) agrees that Customer will not allow the posting of a business on the BlindProfile system, using a different name to the one of the licensed business agents that have been engaged by the business owner (c) agrees to maintain any Listings provided by Customer and ensure their accuracy at all times. Company reserves the right, in a manner consistent with reasonable commercial business practices, to remove all or any part of the Listings posted on the BlindProfile website. Company does not accept any responsibility for continuously examining the accuracy of reports or data files submitted by Customer. While Company shall take all sensible efforts for data backup and ensure the continuation of the business, Customer will effectively be held solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BlindProfile.
Communication
BlindProfile primarily communicates with its Users through email. Customer correspondence and information will not be made available to third parties deliberately. By registering, Users acknowledge that we may contact you by email or other means of communication such as phone or fax with respect to matters we deem as relevant, including, but not limited to, offers, system messages, service and maintenance announcements and other related messages. If Users do not wish to receive any marketing related messages we will respect such wishes on a best effort basis. However, we will not be liable for any emails sent to registered Users.
Copy Right
This website contains material which is owned by or licensed to us. We, or our licensers, own the copyright and all other intellectual property rights associated with the content save where otherwise stated.
This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
We cannot warrant that use of the site will not be interrupted or unavailable due to any factors outside our control.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence and we will reserve the right to take legal actions.
Prohibition of Access
BlindProfile reserves the right at any time to prohibit Users from accessing the site and using its services if it, in its sole discretion, has indications that the User may be involved in any fraudulent activities or any sort of unfair trade practice or is providing misleading information that could be harmful to other Users. In cases where we must comply with the law or need to protect our rights we may, however, disclose all relevant information.
Warranty
The information on this site is provided on an ‘as is' and ‘as available' basis. We try to ensure, but do not guarantee or warrant, the accuracy or completeness, availability or reliability of the information on our website. Our aim is to keep this information timely and accurate. If errors are brought to our attention we will try and correct them.
We exclude any warranty, express or implied, as to the quality or fitness for a particular purpose of any of the content on this site.
We reserve exclusive right at our sole discretion to alter, limit or discontinue part of this site.
Under no circumstances shall we be liable for any loss, damage or liability or expense suffered which is claimed to result from the use of this site, including without limitation, any fault, error, omission, interruption or delay. Use of this site is at the User's sole risk.
Users specifically acknowledge and agree that we are not liable for any conduct of any other User.
Membership Rights
Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone else without the express written permission of BlindProfile. Registered Users must not share their individual login credentials with others. We reserve the right to prohibit any User's access that violates the terms and conditions set forth herein.
Membership Duties
Users who upload a blind profile with the intent to sell a business or parts of a business need to have permission or must be mandated to do so. We are not required to verify the User's authority. Users are responsible to perform their own due diligence on the business in question and/or the parties involved, especially after receiving a "View Blind Profile" request.
Users agree not to use this site and any of its content, including, but not limited to, listings and contact information as a source for any other listing service or device; or to compete with BlindProfile in any way.
Payment Terms
User agrees to pay for all products ordered through the BlindProfile web site, using the payment method indicated and provides BlindProfile express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of BlindProfile products, services, information, or deliverables (collectively "Deliverables") ordered. The subscription to our Services will remain in effect until the User cancels it, which the User can do by completing this form (http://www.BlindProfile.com/feedback/). 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 User. If payment is not current, BlindProfile may immediately cease to provide any and all Deliverables to the User. 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 refunds will be provided. User may cancel their BlindProfile product membership by contacting us only by email (http://www.BlindProfile.com/feedback/). All cancellation requests will be processed within three (3) business days, and a cancellation confirmation will be emailed to the email address on record for the account. Cancellation takes immediate effect for Free Members and at the end of the current billing period for Gold and Premium Members. A confirmation email will be sent to you once your cancellation is processed. BlindProfile will notify you electronically (if possible as early as 30 days) in advance. It is User's responsibility to promptly provide BlindProfile with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Subscriptions are for personal use only and cannot be commissioned, shared, distributed, viewed, sublicensed, accessed, or removed to anyone. Service privileges are subject to change without notice first and may be subject to listing and searching limitations.
Ownership and License Grant
BlindProfile retains all rights, title and interest in the BlindProfile website and all underlying technology and data including any updates and improvements. The Customers will not copy, change, decompile, merge, disclose, sell, use or transfer the underlying source code or structure or sequence of BlindProfile's technology or copyright notices. The Customer is allowed to use BlindProfile's system only for their personal use and will not allow the use of BlindProfile's system by other people by giving away the Customer's login details. Intellectual Property Rights states that all intellectual property rights (in all media, now existing or developed in the future, for all versions, all languages, and for the entire duration of such rights, accruing under statutory or common law or any other oral and written contracts) are, (1) linked with works of authorship including without limitation copyrights, (2) associated with trademarks, trade names, service marks, logos, and the applications for registration and registrations of trademarks and service marks; (3) are connected to the protection of trade secrets and confidential information; (4) are analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (5) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Legal
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Switzerland. Place of jurisdiction is Zurich, Switzerland.
Various
These Terms of Conditions for the Site and Services covers the complete agreement between the involved parties with respect to the subject matter hereof, and succeeds all previous written, digital or oral agreements between those parties. No disclaimer by either party shall be considered to be a disclaimer of any preceding default. The section headings used herein are for convenience only and shall not be given any legal importance. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
