These terms of use are entered into by and between You and EasyAcquire ("Company," "EasyAcquire," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.easyacquire.com, including any content, functionality and services offered on or through https://www.easyacquire.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.easyacquire.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Our Website is an online marketplace that connects sellers of businesses to potential buyers of businesses. The information provided on the Website is for our users’ internal business purposes only.
EasyAcquire does not, itself, buy or sell any of the businesses listed on the Website. Our Website does not include any advice or counsel with regards to any financial, legal, or related service of any kind. EasyAcquire is not a broker and may not perform services performed by a broker. EasyAcquire and the Website are not a substitute for the advice or services of a broker.
The Agreement formed between the buyer and seller of a business is solely between the buyer and seller. EasyAcquire is not a party to the transaction and is not responsible for the sale of any businesses available on the Website. EasyAcquire assumes no responsibility arising out of or in connection with such sale.
EasyAcquire confers with potential sellers to ensure the validity of the listings on the Website. However, EasyAcquire cannot guarantee whether a listing is suitable for a potential buyer, or whether any businesses listed on the Website will meet the performance expectations of a buyer. EasyAcquire is not responsible for the seller’s truthfulness regarding the existence, quality, accuracy, or completeness of any listing on the Website.
If you are a seller, EasyAcquire requires that you provide complete and accurate information about your business. EasyAcquire reserves the right to modify or remove your listing, at its sole discretion, if it believes any of the information is incomplete or inaccurate.
For each listing you provide, you represent and warrant to EasyAcquire that:
(a) you are the owner of the business, or are otherwise entitled to sell the business; (b) you are the owner of all intellectual property rights associated with the business, or the authorized licensee of same; (c) the business may be legally transferable to a buyer, and (d) any accompanying agreements of the business with third-parties are also transferable to the buyer.
Buying or selling a business requires investigation and due diligence. As a buyer, you are solely responsible for researching any potential purchase. As a seller, you are responsible for ensuring the buyer is in a position to purchase the business.
It is your responsibility to consult with tax and legal counsel before undertaking any purchase or sale of a business.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by ourhttps://www.easyacquire.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@easyacquire.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Certain features of our Website may allow you to import information from third-party tools and applications, such as Stripe, Google Analytics, ChartMogul, Baremetrics, and ProfitWell, and display such information to certain users or visitors of the Website. Such imported information is also User Contribution and shall be subject to the terms and conditions concerning User Contribution.
You acknowledge and agree that, by signing in your account with such third-party tools and applications on the authorization page or providing us with your API Keys, View IDs or similar access codes on such third-party tools and applications, you are granting us access to information in your accounts with such third parties, authorizing us to import certain information from such third parties to the Website as User Contribution and displaying such information to certain users and visitors of the Website who have been authorized to access such imported information.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please email notice of copyright infringement to support@easyacquire.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We fully disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our https://www.easyacquire.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, relating to, or in connection with your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
The Website contains information on how to terminate your account. If you have purchased use of our services for a specific term, such termination will be effective on the last day of the then-current term. Your order form may provide that a renewal term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next renewal term. If you fail to comply with any provision of this Terms of Use, Company may terminate this Terms of Use immediately and retain any fees previously paid by you. Upon any termination of this Terms of Use, you must cease any further use of the Website. If at any time you are not happy with the Website, your sole remedy is to cease using the services and follow this termination process. Any provisions in this Terms of Use which are required to fulfil their essential purpose shall survive termination of this Terms of Use.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of India, although we expressly retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by EasyAcquire.
This EasyAcquire Buyer and Seller Terms of Use (the "Agreement") govern your registration as a buyer or seller ("You") on the EasyAcquire Marketplace, your use of the EasyAcquire Marketplace, the purchase and sale and placement of startup advertisements and listings and any related services provided by EasyAcquire, your use of the EasyAcquire M&A Advisor Directory, and your use of the EasyValue startup valuation tool (the "Services"). This Agreement creates a binding contract between you and EasyAcquire, Inc. and its subsidiaries ("EasyAcquire" or "We"). Please read the Agreement carefully, as it will define, and in some cases limit, your rights with respect to EasyAcquire and your use of the Services.
These terms are an integral part of easyacquire.co (together with all its subdomains, the "Website") Terms of Use that apply generally to the use of the Website. You should also carefully read our Privacy Policy.
The individual or entity whose name is set forth in the EasyAcquire registration process represents and warrants to EasyAcquire that: (i) they have the full right, power, and authority to enter into this Agreement on behalf of them and create a binding obligation on themself; (ii) the execution and delivery of this Agreement have been fully authorized by such individual or entity; (iii) they have not previously been terminated from using the Services for violating any agreement with EasyAcquire; and (iv) all information provided by them is complete, accurate, and up-to-date.
2.1. Your Materials. You are solely responsible for: (a) all materials submitted to EasyAcquire for inclusion in a startup listing or profile description or for use in connection with the Services, including startup listings, startup details, videos, information, URLs, contact information, and photos, whether or not created originally by You (“Your Content”); and (b) all websites and content linked, or otherwise referenced, in Your Content (the “Linked Content” and together with Your Content, the “Your Materials”).
2.2. License. You hereby grant to EasyAcquire a royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store and otherwise use and exploit, all Your Content, in any form through any media, software, or technology, in connection with: (a) providing You with the Services; and (b) distributing Your Content on or in connection with the websites and other properties owned, operated, or powered by EasyAcquire (including its subsidiaries) (the “EasyAcquire Properties”) or through its authorized partners and licensees (together with the EasyAcquire Properties, the “EasyAcquire Network”). EasyAcquire makes no claim to any ownership interest in Your Content obtained from You under this Agreement, and no ownership rights will be transferred under this Agreement.
2.3. Representation and Warranties. You represent and warrants to EasyAcquire that: (a) You hold all ownership rights, including all applicable intellectual property rights, in Your Content necessary to grant EasyAcquire the license in Section 2.2 and Your Content will not violate any third party rights; (b) Your Content, and Your use of the Services, do not violate, facilitate, or encourage the violation of any applicable law, and You will not discriminate in the purchase or sale of any startup on the basis of any protected class under applicable laws; and (c) Your Content is not obscene, defamatory, disparaging, deceptive, profane, or indecent.
2.4. Display; Listing Quality. EasyAcquire will have the sole right to determine the placement and location of all or any portion of Your Content on the EasyAcquire Marketplace. You will provide EasyAcquire with all Your Content necessary for EasyAcquire to provide the Services within 30 days of Your registration on the EasyAcquire Marketplace, and will continue to provide all Your Content necessary to perform the Services for the duration of this Agreement. You are responsible for promptly updating its Your Content and contact information as necessary, including updating any changes to your profile or listing regarding availability, pricing, or content. EasyAcquire may send notice to You, as described in Section 14.5 below, requiring You to resolve any issues related to Your Content, including errors in the Your Content or Your Content that violates this Agreement. For clarity, EasyAcquire has the right, in its sole discretion, to remove or modify the Your Materials for any reason, including format, spelling, or other matters of presentation, or if EasyAcquire believes the Your Materials violate this Agreement. You grant EasyAcquire permission to utilize an automated software program to retrieve and analyze websites associated with the listed startup for quality and service purposes. You hereby authorize EasyAcquire to modify Your Materials for listing and presentation purposes on the EasyAcquire Marketplace.
You will not, and will not authorize any party to (a) provide any fraudulent or otherwise misleading listings; (b) use any Services for benchmarking or similar testing; (c) use any automated means of scraping or data extraction to collect EasyAcquire listing, profile, or any advertisement related information from the EasyAcquire Properties except as expressly permitted by EasyAcquire, in writing; (d) use any Services for the purpose of building a competitive product or service; (e) list anything illegal or engage in any illegal or fraudulent business practice, or not in compliance with the Content Standards set forth in our Terms of Use; (f) conduct automatic queries, including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity meant to obtain information from the Services or interfere with the performance of the Services; or (g) commit any Prohibited Uses as defined in our Terms of Use.
You may end your legal agreement with EasyAcquire at any time by deactivating your account(s) and discontinuing your use of the Services.
If we have determined that you have breached any terms of this Agreement or any other of our terms or policies, we may suspend or permanently disable your account. In any case, We reserve the right to update, suspend, discontinue any Services, to remove You as a registered buyer, seller, or otherwise terminate or suspend your account(s) with us at any time, for any reason, with or without cause and in our sole discretion.
5.1 EasyAcquire’s Services. EasyAcquire facilitates an online marketplace that connects sellers of businesses to potential buyers of businesses (the “EasyAcquire Marketplace”). Its subsidiary, EasyAcquire Brokerage Services, facilitates an online directory of Mergers & Acquisitions professionals and advisors (the “EA Advisor Directory”, and each professional and advisor, an “Advisor”) that You can engage with in order to help You buy or sell a startup on the EasyAcquire Marketplace.
You are not required in any way to engage with any Advisor on the M&A Advisor Directory. By accepting this Agreement, you are NOT obligating or committing yourself to engage with any Advisor on the EA Advisor Directory.
5.2 EA Advisor Directory Compensation Disclosure. EasyAcquire has entered into written agreements with each Advisor on the EA Advisor Directory under which EasyAcquire may take a certain percentage of the professional services fees or other forms of payment--depending on the type of Advisor and to the extent permitted by state and federal laws, rules, and regulations--charged by an Advisor that You engage with in the EA Advisor Directory as a referral fee for connecting You and such Advisor on the EA Advisor Directory. By accepting the Agreement, you hereby agree and acknowledge that EasyAcquire has disclosed such referral fee arrangement to you and that you consent to the same.
5.3 Partner Compensation Disclosure. In some instances, We may give you the option to finance the acquisition of a startup on the EasyAcquire Marketplace, or otherwise assist you in the purchase or sale of a startup on the EasyAcquire Marketplace, by using one of our trusted partners.
In some instances in which You use one of these partners for financing your acquisition, the partner may pay a referral fee of some amount to EasyAcquire in consideration of the introduction.
By accepting the Agreement, you hereby agree and acknowledge that EasyAcquire has disclosed such referral fee arrangement to you and that you consent to the same.
EasyAcquire strives to connect the highest quality buyer, sellers, and EA professionals in order to further its mission of becoming the most efficient startup acquisition marketplace in the world. However, EasyAcquire DOES NOT engage in, or IS NOT, now or at any time in the future, any of the following:
6.1 EasyAcquire does not represent You in any fiduciary, agent, attorney-client, or any other capacity whatsoever and your use of the Services does NOT create, by implication or otherwise and without limitation, any fiduciary duty, attorney-client relationship, representation, or any other sort of professional relationship or representation whatsoever. EasyAcquire is NOT and does not hold itself out to be your attorney, fiduciary, agent, or any sort of other representatives, professional or otherwise.
6.2 EasyAcquire is not a law firm and the Services do not constitute legal advice, nor does EasyAcquire intend for the Services to constitute legal advice. EasyAcquire will never provide legal advice or legal analysis to You. EasyAcquire is not qualified to provide legal advice or legal analysis to You. Any information that EasyAcquire or its employees or independent contractors provide regarding M&A transactions is for informational purposes only and is NOT legal advice or legal analysis and should not be interpreted or treated as such.
6.3 EasyAcquire does not broker or transact any of the transactions on the EasyAcquire Marketplace. EasyAcquire does NOT act as a business broker, investment banker, M&A advisor, business transfer agent, intermediary, or any other sort of professional engaging in the purchase and sale of businesses.
6.4 EasyAcquire and each Advisor are independent contractors. EasyAcquire has no power or authority to assume or create any obligation or responsibility on behalf of an Advisor. EasyAcquire has no right, power, or authority to enter into any agreement or undertaking, or to act as or be an agent or representative of, or otherwise bind, an Advisor.
6.5 While EasyAcquire attempts to curate the best Advisors in their respective verticals on the EA Advisor Directory, EasyAcquire makes no representations, warranties, or guarantees of any kind regarding any Advisor or any of any Advisor’s services for You.
6.6 While EasyAcquire attempts to curate the best partners in their respective sectors and makes no representations, warranties, or guarantees of any kind regarding any partner or any of any partner’s services for You.
6.7 EasyAcquire has no vested or financial interest in the success or failure of any M&A transaction originated on the EasyAcquire Marketplace, and EasyAcquire does itself buy or sell any of the startups listed on the EasyAcquire Marketplace. EasyAcquire does not charge, take, or accept any type of payment that is contingent upon the closing of an M&A transaction that originates in the EasyAcquire Marketplace, whether that payment is a “success fee” or a similar type of payment.
6.8 EasyAcquire performs no technical, legal, financial, or any other kind of due diligence on buyers or sellers in the EasyAcquire Marketplace and makes no representations, warranties, and guarantees regarding such buyers or sellers of any kind. EasyAcquire cannot guarantee whether a business listed on the EasyAcquire Marketplace is suitable for a potential buyer, or whether any businesses listed on the EasyAcquireMarketplace will meet the performance expectations of a buyer. EasyAcquire is not responsible for a seller’s truthfulness regarding the existence, quality, accuracy, or completeness of any listing on the EasyAcquire Marketplace. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR PERFORMING ALL DUE DILIGENCE ON ALL BUYERS AND SELLERS IN THE EasyAcquire MARKETPLACE.
6.9 EasyAcquire is not a party to any agreement entered into between You and a buyer or seller on the EasyAcquire Marketplace, or You and an M&A Advisor.
6.10 EasyAcquire does not guarantee the success of any M&A transaction originated in the EasyAcquire Marketplace.
6.11 EasyAcquire is not a valuation firm and any valuations or opinions of value provided through the SAAS Valuation Calculator or EasyValue startup valuation tool are for informational purposes only. EasyAcquire cannot and does not make any guarantee, representation, or warranty regarding the accuracy or completeness of any information obtained through the SAAS Valuation Calculator or EasyValue startup valuation tool. While the information provided has been obtained from sources believed to be reliable, EasyAcquire and its subsidiaries do not attest to its accuracy or completeness.
6.12 EasyAcquire does not engage in dispute resolution of any dispute, controversy, disagreement, or proceeding between you and any buyer or seller on the EasyAcquire Marketplace, or with any M&A Advisor.
All resources that we provide in the EasyAcquire Marketplace and the M&A Advisor Directory, including, but not limited to, the SaaS Valuation Calculator, are for informational purposes only and do not constitute legal, tax or any other type of professional advice. The EasyValue startup valuation tool is for informational purposes only and does not constitute legal, tax or any other type of professional advice. In all instances, You should consult with legal, tax, or other advisors with regard to your personal situation.
The Saas Valuation Calculator and the EasyValue startup valuation calculator are for informational purposes only and do not substitute and cannot be a substitute for a valuation performed by a qualified professional. There are or could be many unknown or unexpected factors that could affect the market value of your startup, and for this reason, we encourage you in all instances to consult with qualified professionals in order to obtain a valuation for your company.
We may collect information that you voluntarily provide to us in order to provide you the Services. Specifically, if you register as a Seller on the EasyAcquire Marketplace, if you wish to incorporate data from your accounts with third-party tools and applications, such as Stripe, Google Analytics, ChartMogul, Baremetrics, or Profitwell, and display such data on the information page of your startup listing to potential buyers on the EasyAcquire Marketplace, by signing into your account with such third-party tools and applications on the authorization page or providing us with your API Keys or View IDs on such third-party tools and applications, you are authorizing us and granting us read access to certain information in your accounts with such third parties for the purpose of providing the Services.
In order to use the EasyValue Startup Valuation Tool and for us to provide the Services in connection with the EasyValue Startup Valuation Tool, you will need to connect your Stripe Connect account with our platform. By accepting this Agreement, you agree, acknowledge, and consent that we will have access to your Stripe Connect data and (the “Stripe Data”) authorize us to view and access to your Stripe Data, represent and warrant that you have executed and agreed to the Stripe Connected Account Agreement, and agree to the following uses: we will use your Stripe Data in order to calculate an estimated valuation of your startup using information from your Stripe Data, such as annual recurring revenue, monthly recurring revenue, and churn rate; we will only use the Stripe Data for purposes of calculating such valuation and in order to provide the Services.
In any event, you use any third party services or content solely at your own risk and must be aware of any third party terms and conditions and have consented to them. Under no circumstances will EasyAcquire be deemed liable or have any obligations whatsoever in relation to the content, proper functionality, availability or the security of any link with any third party services or transactions completed, and any contract entered into by You with any such third party.
For more information regarding the above, please see “Information Provided Voluntarily For Use of Services” in our Privacy Policy.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AGAINST US AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES AGAINST US.
EasyAcquire does not own or control any of the buyers, sellers or any of the sellers’ businesses or assets, or M&A Advisors on the EasyAcquire Marketplace or EA Advisor Directory. The availability of any buyer, roller, or M&A Advisor does not indicate an affiliation with or endorsement of any buyer, seller, or M&A Advisor. Accordingly, EasyAcquire does not provide any representations, warranties, or guarantees with respect to any buyer or seller or any business or assets of any seller, any M&A Advisor or any services or products offered by any M&A Advisor. If you wish to obtain any representations, warranties, or guarantees with respect to any buyer, seller or sellers’ assets or businesses, or M&A Advisor, please consult directly with such buyer, seller, or M&A Advisor.
EasyAcquire PROVIDES THE SERVICES, THE SAAS VALUATION CALCULATOR, THE EASYVALUE STARTUP VALUATION TOOL, AND ALL OTHER RESOURCES “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, WITH THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH YOU, AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT EasyAcquire SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF REPRESENTATION OR WARRANTY CLAIM THAT ARISE OUT OF ANY BUYER, SELLER, OR M&A ADVISOR’S FAILURE TO HONOR ANY ANY REPRESENTATION OR WARRANTY OBLIGATION TO YOU.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AGAINST US AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES AGAINST US.
UNDER NO CIRCUMSTANCES WILL EASYACQUIRE OR ITS SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF EASYACQUIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO ANY ASPECT OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USE OF THE THE SAAS VALUATION AND THE EASYVALUE STARTUP VALUATION TOOL, OR ANY USE OR MISUSE OF THE EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY, WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USE OF THE THE SAAS VALUATION AND THE EASYVALUE STARTUP VALUATION TOOL, OR THE EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY, FROM INABILITY TO ACCESS THE EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY OR SERVICES. INCLUDING, BUT NOT LIMITED TO, USE OF THE THE SAAS VALUATION AND THE EASYVALUE STARTUP VALUATION TOOL, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USE OF THE THE SAAS VALUATION AND THE EASYVALUE STARTUP VALUATION TOOL, OR EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY. THIS LIMITATION ALSO APPLIES TO ANY DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH, THE EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY, OR ANY LINKS ON THE EASYACQUIRE MARKETPLACE OR EA ADVISOR DIRECTORY. EASYACQUIRE WILL NOT BE LIABLE TO YOU FOR ANY UNAUTHORIZED USE OF THE LISTED BUYERS, SELLERS, OR M&A ADVISORS AND SERVICES BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED REPRODUCTION AND OR TAMPERING BY NETWORK HACKERS.
EASYACQUIRE DOES NOT ACCEPT ANY LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE HOWSOEVER AND WHETHER OR NOT IT HAS BEEN NEGLIGENT) FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT), WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM USE OF OR RELIANCE ON INFORMATION OBTAINED FROM THE SAAS VALUATION CALCULATOR OR MICROMRR STARTUP VALUATION TOOL. WHILE
EASYACQUIRE’’S (AND ITS SUBSIDIARIES) AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO SHALL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID EASYACQUIRE IN THE PAST 12 MONTHS, IF ANY.
You shall defend, indemnify, and hold harmless EasyAcquire, its subsidiaries, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the EasyAcquire Marketplace, the EA Advisor Directory, any resource provided by EasyAcquire, including, but not limited to, the SAAS Valuation Calculator or the EasyValue startup valuation tool, or Your Materials, or violation of this Agreement, provided that any indemnity in this Section with regard to use of the EA Advisor Directory and EasyAcquire Marketplace excludes any aspect or relationship originated in the EA Advisor Directory or EasyAcquire Marketplace that EasyAcquire does not and cannot access, including but not limited to privileged or confidential communications between you and a buyer, seller, or Advisor. EasyAcquire reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
This Agreement shall be governed by and construed in accordance with the laws of India, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and courts of India.
EasyAcquire reserves the right, in its sole discretion, to modify or replace any of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you to notice through the Services, via e-mail or by another appropriate means of electronic communication. EasyAcquire may also impose limits on certain features and services or restrict your access to parts or all of the EasyAcquire Marketplace, EA Advisor Directory, or the EasyValue startup valuation tool without notice or liability. While EasyAcquire will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
14.1 Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
14.2 No Waivers. The failure by EasyAcquire to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EasyAcquire.
14.3 No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than You.
14.4 Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
14.5 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received electronically. Electronic notices should be sent to support@easyacquire.co.
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