DISCLAIMER

LEGAL DISCLAIMER, IMPORTANT INFORMATION AND WEBSITE TERMS

 

This website is owned by Megabite Restaurant Brokers, LLC (“Broker”) and is utilized in the context of listing and marketing businesses for sale via the sale of assets only.

BROKER DOES NOT LIST OR OFFER FOR SALE ANY MARKETABLE SECURITY OR EQUITY INTEREST IN ANY BUSINESS AND THESE MATERIALS SHOULD NOT BE CONSIDERED AS ANY SUCH OFFER TO SELL ANY MARKETABLE SECURITY OR EQUITY INTEREST OR FOR THE SOLICITATION OF AN OFFER TO PURCHASE ANY MARKETABLE SECURITY.

Your use of this website implies your compliance with the following terms of service. Please read the following before using this website and before the purchase or sale of any accounting practice.

Broker disclaims any responsibility for any actions taken as a result of the information displayed on any pages of this website.

DUE DILIGENCE NOTICE

Broker does not provide accounting, tax, engineering or legal advice or any other advice or services other than brokerage services exclusively and specifically relating to locating, introducing and presenting potential buyers for consideration and evaluation by a seller relating to the purchase of a seller’s business.

Any email, fax, or other communication you receive from Broker may contain one or more attachments or enclosures that provide information pertaining to a business for sale.  By opening, accepting, or reading any such attachment or enclosure to any such communication, you acknowledge and agree to the disclaimer, warranty, and due diligence notice contained herein.

Broker does not warrant the completeness, or accuracy of any information provided to you.  Your use of the information contained in any attachment to any email, fax, or other communication you receive shall be subject to your signed confidentiality agreement.  Broker makes no assertions with respect to and does not prepare any financial or other documents pertaining to any business for sale except at the express direction and warrant of the seller of that business.  Any and all documents pertaining to any business for sale were prepared directly by or at the direction of the seller of said business with no representation being made by Broker.  Broker has not audited, reviewed, confirmed, or analyzed any of the financial and/or other information provided to you.  All assertions of the seller, all financial information, and all other information pertaining to any business for sale that is contained, attached, or enclosed in any communication to you from Broker or in any other communication from the seller must be independently confirmed by you as the purchaser, or another competent party hired by you, during your performance of due diligence analysis prior to consummating any purchase of a business for sale.   Any decision you make to consummate the purchase of a business that is listed for sale by Broker shall be based solely and entirely on the results of your due diligence analysis of the books and records of the business you are considering purchasing.

ELECTRONIC COMMUNICATIONS

Visiting www.megabite-rb.com or sending emails to Megabite Restaurant Brokers, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

LINKS:
Links to third party sites/Third party services

www.megabite-rb.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Megabite Restaurant Brokers, LLC and Megabite Restaurant Brokers, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Megabite Restaurant Brokers, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Megabite Restaurant Brokers, LLC of the site or any association with its operators.

Certain services made available via www.megabite-rb.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.megabite-rb.com domain, you hereby acknowledge and consent that Megabite Restaurant Brokers, LLC may share such information and data with any third party with whom Megabite Restaurant Brokers, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.megabite-rb.com users and customers.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Megabite Restaurant Brokers, LLC. The collective work includes works that are licensed to Megabite Restaurant Brokers, LLC. Copyright 1997-2016, Megabite Restaurant Brokers, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Megabite Restaurant Brokers, LLC or purchasing Megabite Restaurant Brokers, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Megabite Restaurant Brokers, LLC or to purchase Megabite Restaurant Brokers, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Megabite Restaurant Brokers, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

LIMITED WARRANTY AND DISCLAIMER

Broker makes no warranty, express or implied, concerning the information contained on this website.  Broker expressly disclaims any warranty of accuracy, completeness of any information presented or delivered.

Your use of this website and all information and services made available through this website is at your own risk. You agree that Broker will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever arising out of your use or inability to use this website or any information and services of Broker, whether based on contractual, statutory, tort or other grounds.

Megabite Restaurant Brokers, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Megabite Restaurant Brokers, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

MEGABITE RESTAURANT BROKERS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEGABITE RESTAURANT BROKERS, LLC INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEGABITE RESTAURANT BROKERS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGABITE RESTAURANT BROKERS, LLC IS NEGLIGENT.

SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR DAMAGES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Megabite Restaurant Brokers, LLC reserves the right, in its sole discretion, to change the Terms under which www.megabite-rb.com is offered. The most current version of the Terms will supersede all previous versions. Megabite Restaurant Brokers, LLC encourages you to periodically review the Terms to stay informed of our updates.

NOTICE

Megabite Restaurant Brokers, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Megabite Restaurant Brokers, LLC.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Megabite Restaurant Brokers, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Megabite Restaurant Brokers, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Megabite Restaurant Brokers, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Megabite Restaurant Brokers, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Megabite Restaurant Brokers, LLC in its sole discretion.

TERMINATION/ACCESS RESTRICTION

Megabite Restaurant Brokers, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Megabite Restaurant Brokers, LLC as a result of this agreement or use of the Site. Megabite Restaurant Brokers, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Megabite Restaurant Brokers, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Megabite Restaurant Brokers, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Megabite Restaurant Brokers, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Megabite Restaurant Brokers, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.