These terms of use are entered into by and between you (“User”) and PEmarketplace LLC (“Company”,“We”, “Us” or “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern User access to and use of app.pemarketplace.co or any other subdomain of “.pemarketplace.co” (the “Site” or “Marketplace”),including, without limitation (hereafter “including”),any content, functionality and services offered on or through the Site (collectively, the “Service”), whether as a guest or a registered user.
Please read the Terms of Use carefully before using the Service. By using the Service, the User accepts and agrees to be bound and abide by these Terms of Use and Our Privacy Policy, found at https://www.pemarketplace.co/legal/privacy, incorporated herein by reference. If the User does not want to agree to these Terms of Use or the Privacy Policy, theUser must not access or use the Service.
TheService is offered and available to users who are 18 years of age or older. By using the Service, the User represents and warrants that the User is of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If the User does not meet all of these requirements, theUser must not access or use the Service.
PEmarketplace is a boutiqueM&A marketplace for sourcing lower middle market private equity transactions. We are focused on making it easy for investors (“Investors”)to find M&A opportunities known as “Deal Opportunities” that meet their investment criteria. For sellers (“Sellers”), our platform is designed to empower business owners and entrepreneurs with the tools required to sell their business or raise capital either directly or with the help of anM&A advisor.
Users acknowledge that PEmarketplace is not the agent of any User for any purpose whatsoever. PEmarketplace has no authority to create any obligation or liability on anyUser’s behalf; PEmarketplace is solely a platform designed to help organize information and create streamlined communication channels. PEmarketplace is not involved in any way with the negotiation of any Deal Opportunities, nor the potential consummation of any transactions. None of the information submitted on our Site shall be construed as an offer, solicitation, or recommendation by PEmarketplace to buy or sell any asset or other security. By using the Services, Users agree to be responsible for conducting their own due diligence and their own legal and regulatory review of any Deal Opportunity sourced through the Site.
Users are solely responsible for all materials and company data submitted onto the Site for the purposes of populating PEmarketplace user and listing profiles, any documents submitted onto the platform, and any other information provided onto the Site (the “User Materials” or “Materials”). PEmarketplace shall make a reasonable effort to review all User Materials; however, PEmarketplace is not responsible for the accuracy or completeness of any information or material made available on our Site. Users are required to submit complete and accurate information and update and maintain the information provided. The User also authorizes PEmarketplace LLC to modify the User Materials for listing and presentation purposes.
Information submitted through the Site is not necessarily reviewed by PEmarketplace prior to sharing, or at any time. If PEmarketplace elects, in its sole discretion, to monitor information posted by Users, PEmarketplace nonetheless (a) assumes no responsibility for its accuracy or completeness; (b) assumes no obligation to modify or remove any inappropriate or inaccurate content; (c) exercises no direct control over the conduct of the User submitting such information; and (d) assumes no responsibility to monitor other information posted by any other User(s). Notwithstanding the foregoing, Users may be asked, from time to time, to certify certain information, including User information, information on transactions they are currently working on and information relating to completed transactions. If We make such a request, you agree to respond promptly, accurately, and completely.
The User represents and warrants to PEmarketplace that the User holds all ownership rights, including any relevant intellectual property rights, for any User Materials loaded onto the Marketplace. Furthermore, the User represents and warrants that the User (i) Materials do not violate any confidentiality obligations to which the User is bound, (ii) is not fraudulent or intentionally misleading, and (iii) is not disparaging of any competing business or contain inflammatory or indecent information.
Please note that a unique Non-Disclosure Agreement will be executed for all Deal Opportunities that are facilitated via the Marketplace. The User acknowledges that regardless of the terms of the Non-Disclosure Agreement signed for any Deal Opportunity that the User will only use the User Materials for the purposes of evaluating the Deal Opportunity and that all other uses are forbidden. Each User and its Representatives bear sole responsibility for any confidential information that the User obtains through PEmarketplace and agrees to indemnify and hold PEmarketplace harmless against all losses, claims, damages or liabilities, joint or several, which may arise.
We grant the User a personal, limited, non-transferable, non-exclusive license to access and use the Site. We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service.
User continued use of the Service following the posting of revised Terms of Use means that the User accepts and agrees to the changes. The User are expected to check this page frequently, so the User are aware of any changes as they are binding on the User.
We reserve the right to withdraw or amend the Service, and any service or material We provide on the Service, in Our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
The User is responsible for:
To access the Service or some of the resources it offers, the User may be asked to provide certain registration details or other information. It is a condition of User use of the Service that all the information the User provides on the Service is correct, current and complete. The User agrees that all information the User provides to register with the Service or otherwise, including, but not limited to, the use of any interactive features on the Service, is governed by Our Privacy Policy, https://www.pemarketplace.co/legal/privacy and the User consents to all actions We take caution with respect to User information, consistent with Our Privacy Policy.
If the User chooses, or is provided with, a username, password, or any other piece of information as part of Our security procedures, the User must treat such information as confidential, and the User must not disclose it to any other person or entity. User account is personal to the User, and the User must not provide any other person with access to the Service or portions of it using User username, password, or other security information. The User must notify Us immediately of any unauthorized access to or use of User username or password or any other breach of security. The User must also ensure that the User exits from User account at the end of each session. The User will use particular caution when accessing User account from a public or shared computer so that others are not able to view or record User password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by the User or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, the User has violated any provision of these Terms of Use.
The Service and its entire contents, features, and functionality (including 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 United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit the User to use the Service for User non-commercial use only. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Site, except as follows:
The User must not:
The User must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Service in breach of the Terms of Use, User right to use the Service will cease immediately and the User must, at Our option, return or destroy any copies of the materials the User has produced. No right, title, or interest in or to the Service or any content on the Service is transferred to the User, and all rights not expressly granted are reserved by the Company. Any use of the Service 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, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The User 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 the Service are the trademarks of their respective owners.
The User may use the Service only for lawful purposes and in accordance with these Terms of Use. The User must not use the Service:
Additionally, the User must not:
The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product listings, review pages, 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” or “Posts”) content or materials (collectively, “User Contributions”) on or through the Service.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
The User represents and warrants that:
The User understands and acknowledges that the User is responsible for any User Contributions the User submits or contributes, and the User, but not the Company, has 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 the User or any other user of the Service.
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 Service. THE USER WAIVES AND HOLDS HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/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.
We cannot review all material before it is Posted on the Service 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 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 the User believes that any User Contributions violate User copyright, please contact Us at support@pemarketplace.co for instructions on sending Us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance the User places on such information is strictly at User own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other visitor to the Service, or by anyone who may be informed of any of its contents.
The Service may from time to time 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 the User or any third-party, for the content or accuracy of any materials provided by any third-parties.
We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.
All information We collect on the Service is subject to Our Privacy Policy https://www.pemarketplace.co/legal/privacy. By using the Service, the User consents to all actions taken by Us with respect to User information, so long as such actions remain in compliance with the Privacy Policy.
If the Service contains links to other sites and resources provided by third parties, these links are provided for User 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, We accept no responsibility for them or for any loss or damage that may arise from User use of them. If the User decides to access any of the third-party websites linked to the Service, the User does so entirely at the User’s own risk and subject to the terms and conditions of use for such websites.
The owner of the Service is based in the Commonwealth of Massachusetts in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If the User accesses the Service from outside the United States, the User does so on the User’s own initiative and is responsible for compliance with local laws.
The User understands that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy User 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 USER COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
USER USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT USER OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE 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 SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE 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 SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET USER NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE 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 USER USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The User will 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 or relating to User violation of these Terms of Use or User use of the Service, including User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or User use of any information obtained from the Service.
All matters relating to the Service 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 the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the Federal Court for the District of Massachusetts. The User waives any and all objections to the exercise of jurisdiction over the User by such courts and to venue in such courts.
At Company’s sole discretion, it may require the User to submit any disputes arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Massachusetts law.
ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
No waiver of 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 Privacy Policy constitute the sole and entire agreement between the User and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
The Service is operated by PEmarketplace LLC, 38 Plymouth Road, Needham, Massachusetts, 02492.
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to support@pemarketplace.co.