TERMS OF SERVICE AND USE FOR CABOTBB.COM

 

1.     AGREEMENT AND GENERAL TERMS OF USE

 

1.1     These Terms of Service and Use (the “Terms”) constitute the agreement between Cabot Business Brokers, LLC ["Cabot Business Brokers",“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web site known as Cabotbb.com (including any sub-domains) (collectively the “Site”) and any related products and services purchased from the Site or us.  Our provision of the Site and related products and services, are collectively called the “Services.”

1.2     
This Site may collect personal information from our users. By using these Services and/or agreeing to these Terms, you consent to the collection, storage, and processing of your data.

 

1.3     Our Services are intended for general audiences over the age of 16 years old. We do not knowingly collect information from children under the age of 16 years old.  IF YOU ARE NOT AT LEAST 16 YEARS OLD, DO NOT USE THE SERVICES OR THIS SITE.

1.4     You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name, username and/or password.

 

1.5     We reserve the right, in our sole discretion, to change any or all of the provisions of these Terms at any time. We will notify you of any material changes by posting them on the Site or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you unless we advise otherwise. Your use of the Site after notice of changes to these Terms will be deemed your acceptance of the changes. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Services.

 

1.6     IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES, AS APPLICABLE.  YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. 

 

2.     RIGHTS IN SITE CONTENT AND THE SITE

 

2.1     All content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Cabot Business Brokers.  The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Cabot Business Brokers.  Any and all trademarks appearing on the Site are the property of Cabot Business Brokers or their respective owners.

 

2.2     You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with us. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Cabot Business Brokers and the copyright owner. You will not make any changes to any content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.

 

2.3     The Site and Services may provide links to other sites or resources. Because we do not review nor have control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Cabot Business Brokers of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third party websites may have certain restrictions on its use or distribution which differ from this agreement.

 

3.     DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

3.1     YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CABOT BUSINESS BROKERS, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.

 

3.2     TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CABOT BUSINESS BROKERS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY, RELIABLE, OR ARE FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES. CABOT BUSINESS BROKERS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL CODE. CABOT BUSINESS BROKERS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

 

4.     INDEMNIFICATION.     You agree to defend, indemnify and hold harmless CABOT BUSINESS BROKERS (and any of its parents, subsidiaries, affiliates, owners, shareholders, members, officers, directors, managers, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement.  We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

 

5.     NOTICES BETWEEN US.     You will contact us by submitting your message email at bkarlis@cabotbb.com or the contact form at www.cabotbb.com/contact-us.  We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.

 

6.     TERMINATION.     We may terminate these Terms and your use of the Site at any time. We also have the right to immediately terminate your use of the Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

 

7.     LAW GOVERNING PERFORMANCE AND DISPUTES.     These Terms, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the Commonwealth of Massachusetts, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts in any and all actions, disputes, or controversies relating to this agreement.

 

8.     GENERAL TERMS.     These Terms and any posted rules on the Site constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Cabot Business Brokers of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Cabot Business Brokers  and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.