Terms and Conditions

1. Introduction

3WAG AG (dba Investors Club) (“Investors Club,” “we,” “us,” or “our”) has created a website at investors.club (the “Website” or “Site”) that provides advertising, searching, networking, and other information services for business professionals. Investors Club is not a broker and is not a party to any potential transaction between you and another user of the Site.

To assist you in using the Website, we have created these Terms of Use (the “Terms”), and a Privacy Policy. Our Privacy Policy explains how we treat information that you provide to us through the Website, and these Terms govern your use of our Website and your participation in our services (collectively, the “Services”), provided through the Website. Our Terms and Privacy Policy apply to anyone accessing our Website (collectively, “you”), including casual visitors (“Site Visitors”), and users who have registered with Investors Club to use the Website (“Registered Users”).

2. General Provisions

Please read this document carefully before you access or use the Website or participate in our Services. By accessing or registering to use the Website, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not access our Website or register to participate in our Services.

3. Our Services; Overview

The Website provides advertising, searching, networking, and other information services for business professionals. As a Registered User, you can:

• Join a network that includes entrepreneurs, executives, business brokers, investment bankers, service providers, and private equity groups;
• Create a profile to describe yourself professionally and the business(es) with which you are involved;
• Create listings for goods and services that you or your organization are selling or seeking (each, a “Listing”);
• Search Listings on our Site for goods and services that are for sale or being sought;
• Obtain identity verification services and determine whether other users’ identities have been verified;
• Send secure messages to other users, which may be delivered via email.

From time to time, Investors Club may, without prior notice, change its Services; stop providing certain Services or any features of the Services; or create limits for the Services. Each Registered User will only be granted access to the Website to the extent appropriate for his/her relationship with Investors Club, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).

4. License Grant and Other Rights of Investors Club

With respect to listings, content, and other information you submit to Investors Club through the Service (“Customer Content”), you grant Investors Club and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content worldwide. This includes the express permission for Investors Club to use and display the Customer Content on the Websites and other affiliated or partner products and sites.

5. Customer Privileges and Responsibilities

Customer privileges are granted by Investors Club to individuals exclusively and are granted specifically to the registered customer only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred without the express written permission of Investors Club. Registered users must maintain a valid email address and password, which shall be utilized for logging on to the Investors Club system. Customers are not permitted to share their logon information with others.

6. Monitoring; Revocation or Suspension of Use Privileges

We reserve the right at any time to monitor your use of the Website and to terminate or suspend your use of some or all of the Website or Services, without prior notice. Reasons for termination or suspension include, but are not limited to, engaging in activities that we conclude, in our sole discretion, to be inappropriate, breaching our Code of Conduct, or otherwise violating these Terms or our Privacy Policy.

7. Submission and Administration of Listings

Customer agrees not to submit any Customer Content containing photographs, financial, contact, or any other listing information to publish and advertise a business opportunity using the Service unless Customer has received all necessary rights, consents, and/or authorizations from the appropriate parties. Customer agrees not to submit any image to Investors Club which contains any misrepresentations or unsuitable, inappropriate or controversial content, or otherwise violates any terms of this Agreement. Investors Club reserves the right to remove any images in violation of this provision. Customer agrees that all images submitted for publishing represent the business opportunity or category exclusively, and do not include any broker logos, contact information, website addresses, phone numbers, or any overlay text or graphics of any kind.

Customer agrees that they can publish multiple listings on the Investors Club Websites but only a single listing is permitted for each business opportunity. Additionally, the Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website or the Investors Club Websites. Investors Club shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and Investors Club shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all business and associated information provided by Customer will be accurate – and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the business(es) in the locations in which it is advertising; (b) agrees that Customer will not permit the posting of a business on the Websites under a name other than that of the business owner or the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times; (d) shall ensure (and shall require its sales agents, if applicable) to respond to all buyer inquiries relating to the listing (i) within seventy-two (72) business hours and (ii) in a professional and respectful manner; and (e) agrees to provide to prospective buyers, free of cost, the information needed so that such prospective buyers can make a fully informed purchase decision.

Investors Club reserves the right to remove all or any part of the listings posted on the Investors Club Websites for any reason at any time. Customer agrees that all communication from interested parties shall occur through the email obtained via contact form and/or phone number included on the contact form, and Customer agrees to not include any contact information within any other portion of the listing.

Investors Club accepts no responsibility for checking the accuracy of reports or data files submitted by Customer. While Investors Club shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Investors Club.

8. Code of Conduct

As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. You will not:

• Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others without their consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
• Submit, upload, email, or otherwise transmit any personally identifiable information without the consent of the person concerned.
• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights.
• Transmit materials that contain viruses or other computer-programming routines intended to damage, detrimentally interfere with, or intercept any system, data, or personal information.
• Use the Website to artificially generate traffic or page links.
• Use the Website in a manner that could disable, overburden, or impair the Website or Services.
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
• Seek to obtain access to any materials or information through hacking or other means not intentionally made available through the Website.
• Use the Website to create multiple Listings advertising the same item.
• Use the Website to create multiple accounts for the purpose of sending more inquiries.
• Use the Website to submit reviews attacking competitors.
• Use the Website for any purpose that is unlawful or prohibited by these Terms.

9. Use of Information

All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Investors Club and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws, and treaties. Customer agrees to treat Content reserved for members as proprietary, maintain it as confidential, and protect it as a trade secret of Investors Club.

10. Company Communication

Investors Club utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby consents to Investors Club communicating and grants Investors Club permission to communicate with the customer via email (as well as other communication channels such as phone) for any purpose Investors Club determines to be relevant, including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Investors Club will use commercially reasonable efforts to honor Customer’s request to opt out of marketing messages, but in every circumstance, Investors Club shall comply with applicable law with respect to such opt-out requests and under no circumstances will Investors Club have any liability for sending any email to its registered users/customers. With respect to sharing any personal data with third parties, Investors Club does so in compliance with applicable law.

11. Payment Terms

Customer agrees to pay for all products ordered through the Investors Club website, or via client services personnel (“Client Services”) using the payment method indicated and provides Investors Club express authorization to charge said fees to their payment provider. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month or term.

12. Limitation of Liability and Indemnification

IN NO EVENT SHALL INVESTORS CLUB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and Investors Club’s entire liability under this Agreement shall be a refund to Customer of the fees paid to Investors Club hereunder, and in no event will Investors Club’s liability for any reason exceed such fee.

13. Warranty Disclaimers

ALTHOUGH INVESTORS CLUB MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE LISTINGS AND SERVICE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” INVESTORS CLUB DOES NOT ENDORSE OR RECOMMEND ANY CONTENT ARISING OUT OF THE SERVICE AND CUSTOMER USES SUCH CONTENT AT CUSTOMER’S OWN RISK.

14. Links to Third Party Sites

This website may contain hyperlinks or contact forms that connect you to other websites operated by parties other than Investors Club which are beyond Investors Club’s control. Investors Club does not assume any liability for the actions, products, or content of any of these third parties. When you click on a link that leaves the Investors Club site or submit information through a form that is delivered to a third party site, such third party site is not controlled by Investors Club and different terms of use and privacy statements may apply.

15. Ownership

Investors Club retains all rights (including Intellectual Property Rights), title, and interest in the Websites and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others via manual or automated means (including the use of any robot, spider, or other automated process): reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell, or transfer the underlying source code or structure or sequence of Investors Club’s technology or delete or alter author attributes or copyright notices. Customer shall use the Investors Club system solely for their own use and shall not allow others to use the Investors Club system under or through that Customer’s login ID/email and password. Further, the customer shall not use Investors Club products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.

16. User Content

You represent and warrant that you have all necessary rights and authorizations to post any User Content (including Listings) you post on the Website, and the accuracy of the information contained in any Listing or other information you provide as part of the User Content. Investors Club does not validate User Content in any way but may, in its sole discretion but without any obligation to do so, remove User Content that is alleged to have been submitted in violation of these Terms. Investors Club may require additional evidence of compliance with these Terms from users who are alleged to have submitted User Content or other information in violation of these Terms.

17. Right to Decline User Content

We expressly reserve the right to refuse to use, remove, or disable User Content (including Listings) that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website and our Services.

18. User Disputes

Investors Club is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Investors Club (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

19. Procedure for Making Notification of Claims of Copyright Infringement

Investors Club and its affiliates respect the intellectual property of others, and Investors Club asks those posting or transmitting any content to or through Investors Club’s services or any associated websites to respect copyright law. It is the policy of Investors Club to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on any Investors Club website or Investors Club’s other online services in a way that constitutes copyright infringement, you may notify Investors Club according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Please note that this procedure is exclusively for notifying Investors Club that your copyrighted material has been infringed.

20. Miscellaneous

This Agreement, the Service, and the Deliverables provided by Investors Club shall be governed by the laws of Switzerland, canton Zug, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Zug, Switzerland. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Investors Club’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Investors Club and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

21. Contact Us

For any inquiries or concerns regarding these Terms, the practices of this Website, or your dealings with Investors Club, please contact us through any channel you can find on our contact page.

22. Modifications to these Terms

We may modify and change these Terms over time. We will not retroactively change these Terms, and any modifications we make shall take effect proactively once you next access the Website. Please feel free to print out a copy of the current Terms for your records.

23. Survival

The following provisions shall survive the termination of these Terms and shall apply indefinitely: Ownership; Reservation of Rights; Electronic Communications; User Disputes; Warranty Disclaimer; Limitation of Liability; Indemnity; Assignment; General; and Survival.

24. Effective Date

The effective date of these Terms is June 1st, 2024.