Thank you for signing up with RestaurantforSaleorRent.com , the online database that allows business owners to search restaurant properties by providing detailed listing information submitted by business owners, property owners and real estate professionals via the RestaurantforSaleorRent.com.
The following are the terms and conditions for the submission of information to, and use of, the RestaurantforSaleorRent.com website service (the "Service"). Please read them carefully. BY CHECKING THE "I ACCEPT" BOX AND COMPLETING THE REGISTRATION PROCESS, YOU (THE “MEMBER” OR ADVERTISER) ARE STATING THAT YOU AGREE TO AND ARE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE RESTAURANTFORSALEORRENT.COM TERMS OF SERVICE BELOW.
Terms applicable to Tenants and Buyers (“Members”)
RESTAURANTFORSALEORRENT.COM (“RFSOR”) provides services to tenants and buyers of restaurant properties including access to our database of restaurants including off market restaurants, restaurants for sale, restaurants for lease and other properties available for restaurant or food use. Services also may include at RFSORs sole decision and “Members” qualification preparation of Letters of Intent, Offers to Purchase, Lease Negotiations and other services involved in the lease and sale of restaurant properties and business or asset sales.
RFSOR provides highly confidential information to Members. Members agree to NEVER CONTACT ANY PERSON AT ANY LOCATION PROVIDED TO MEMBER WITHOUT A SCHEDULED APPOINTMENT ARRANGED BY RFSOR AND OR LISTING CONTACT. ANY CONTACT WITHOUT PRIOR APPOINTMENT WILL RESULT IN LIFETIME BAN FROM USING THE SITE OR SERVICE. “PERSON” MEANS ANY OWNER, PARTNER, EMPLOYEE, AGENT OR BROKER, AND ANY AGENT OR AFFILIATE OF ANY OWNER, PARTNER, EMPLOYEE, AGENT OR BROKER.
Members search available listings at no cost. Members may purchase additional services and products at the then going price which is determined by RFSOR or service providers.
Membership privileges are granted by RestaurantforSaleorRent.com to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the RestaurantforSaleorRent.com website without express written permission from RestaurantforSaleorRent.com. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of RestaurantforSaleorRent.com. RestaurantforSaleorRent.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the RestaurantforSaleorRent.com system. Members are not permitted to share their individual logon information with others. RestaurantforSaleorRent.com has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the RestaurantforSaleorRent.com website, or abuses their rights related to the RestaurantforSaleorRent.com service.
Sellers, Brokers and Lessors may advertise their properties and or businesses for sale, lease, sublease at the then published advertising rate.
SUBMISSION AND MAINTENANCE OF LISTINGS
Advertiser shall not submit any property descriptions, photographs, financial, contact or other information ("Listings") to the RestaurantforSaleorRent.com unless (i) Customer has received all necessary rights and authorizations, including, but not limited to, the owner of the property listed, any necessary representing agents or brokers, the author of the Listing, including the photographer and/or copyright owner of any photographs, as applicable, to publish and advertise the Listing as part of the Service and allow the Listing to be accessed, downloaded and/or copied by users of the Service; and (ii) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times. Advertiser represents, warrants and covenants that the foregoing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service.
Advertiser agrees to post a listing only once as RestaurantforSaleorRent.com may delete multiple entries of the same listing. Advertiser understands that RestaurantforSaleorRent.com is intended for the listing of restaurant properties or commercial properties permitted for restaurant or commercial food preparation. Commercial properties that are not suitable for restaurant or commercial food preparation and residential listings may be deleted without prior notice. Listings that do not include restaurant infrastructure such as retail space shall be listed as “Retail Property”.
DISCLAIMER OF WARRANTIES
RestaurantforSaleorRent.com does not represent or warrant that the Service and all information, text, graphics, images, hyperlinks and other material available on or through the service (the "Materials") will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. RestaurantforSaleorRent.com does not warrant or represent that the use or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise. Listings provided by RestaurantforSaleorRent.com should be used solely to obtain information from which further evaluation and investigation may commence.
RestaurantforSaleorRent.com service includes links to content from third parties. RestaurantforSaleorRent.com does not control in any respect any information, products or services offered by these third parties. The materials available through RestaurantforSaleorRent.com and any third party are provided "as is" and "as available" and without warranties or conditions of any kind either expressed or implied. To the fullest extent permitted by applicable laws, RestaurantforSaleorRent.com expressly disclaims all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, under no circumstances, including, but not limited to, negligence, shall RestaurantforSaleorRent.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that RestaurantforSaleorRent.com is not responsible or liable for any illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the Materials available on or through the Service, or with any of RestaurantforSaleorRent.com terms and conditions, your sole and exclusive remedy is to contact the RestaurantforSaleorRent.com office in writing to request the cancellation of your account. Written notice can be submitted via standard mail, e-mail or fax. LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, RESTAURANTFORSALEORRENT.COM’S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.
You agree to indemnify and hold RestaurantforSaleorRent.com and its officers, principals, investors, agents and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
RestaurantforSaleorRent.com may terminate the Service with or without cause at any time and effective immediately. In addition, RestaurantforSaleorRent.com, in its sole discretion, may terminate your account for violation of the letter or spirit of the Terms of Service. Cancellations can be completed clicking cancel membership inside your Member profile. RestaurantforSaleorRent.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. RESTAURANTFORSALEORRENT.COM has the right but not the obligation to remove any user postings in its sole discretion.
PROPRIETARY RIGHTS TO CONTENTYou acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material containing information presented to you by RestaurantforSaleorRent.com or RestaurantforSaleorRent.com 's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a printed copy of this content for your personal non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, display, perform, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software, except as authorized under the Terms of Service. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES RestaurantforSaleorRent.com reserves the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on the RestaurantforSaleorRent.com website.
MEMBER ACCOUNT, PASSWORD, AND SECURITYTo open a RestaurantforSaleorRent.com account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. Your password is for your individual use. It is a violation of the Terms of Service to share a password with other agents or to allow other agents to enter the listings they have taken under your password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RestaurantforSaleorRent.com immediately of any changes, unauthorized use of your account or any other breach of security.
OTHER RIGHTS OF RESTAURANTFORSALEORRENT.COMYou agree that RestaurantforSaleorRent.com shall have the right to use Listings and other information submitted to the service for any purpose, without compensation of any kind to you, including but not limited to publication of all or part of such Listing on the world wide web for unrestricted use by RestaurantforSaleorRent.com. RestaurantforSaleorRent.com 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. RestaurantforSaleorRent.com 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.
UNSOLICITED EMAIL(Spam)RestaurantforSaleorRent.com prohibits the use of our system or its tools to generate or send unsolicited email (spam). Customers may not use the Contact Form or other email services that RestaurantforSaleorRent.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. RestaurantforSaleorRent.com has the right to revoke the privileges of any customer or company that breaches these terms.
LAWSThe Terms of Service shall be governed by and construed in accordance with applicable state law and the laws of the United States of America, excluding their conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of California. If any provision(s) of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of RestaurantforSaleorRent.com with the other provisions remaining in full force and effect. RestaurantforSaleorRent.com 's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RestaurantforSaleorRent.com in writing. You agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
NOTICESAll notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to RestaurantforSaleorRent.com. RestaurantforSaleorRent.com ATTN: Legal Department 1934 Meridian Blvd. P.O. Box 100 PMB 279 Mammoth Lakes, CA 93546
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.