Terms and Conditions

Content:

These Terms & Conditions apply to the use of the Website (defined below), whether as a guest or a registered user. Please read this Agreement carefully before using the Website.

Definitions

Agreement

Means all of the terms and conditions contained herein and all other operating rules, policies including, without limitation, our privacy policy and procedures that may be published from time to time on this Website;

Personal Information

Means any and all personal information provided by you, on registering with the Website;

We or us or our

Means Investors Club LLC Located at 690 S Highway 89, Suite 201 Jackson, WY 83001, USA

Website

Means the website located at https://investors.club and any subsequent URL which may replace it

You / User

Means the person, firm, company or other organization using the Website;

Services

Means all current and future services we provide on the Website.

Seller

Means a User that has submitted a Business for sale through the Investors Club platform.

Buyer

Means a User that has registered for an account and has access to confidential information about Websites listed on the Investors Club platform.

Business

Means any business listed for sale by Seller on the Investors Club.

Who they apply to?

The following terms and conditions govern all use of the www.investors.club website and all content, services, and products available through the Website, including, but not limited to, the client area.

The Website is owned and operated by Investors Club LLC Located at 690 S Highway 89, Suite 201 Jackson, WY 83001, USA

Please read this Agreement carefully before accessing or using www.investors.club. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services.

License to use the services

We give you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by this agreement.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in this Agreement gives you a right to use our name or any of our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services are and will remain the exclusive property of Investors Club and its licensors.

Any feedback, comments, or suggestions you may provide to us, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Access to the website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason 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 who have registered with us. If you choose, or you are provided with, a user identification code, 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 third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement, and that they comply with them.

Using the service

By registering and creating an account with Investors Club, you represent and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity. Unless authorized by Investors Club in writing, you may have only one account on the platform.

You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify us (via contact stated below) of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Every information found within your client area of the Website such as (but not limited to) due diligence reports, listing URLs, seller's contact information, etc. can't be shared anywhere outside the Website.

If you share that information with the general public, such as (but not limited to) social media, email, forums, blogs, etc.,we have the right to cancel your account without refunding the money to you. In this case, you won't be able to re-apply to request access to Investors Club.

Reliance on content posted

We attempt to be as accurate as possible. However, we do not warrant that listing descriptions or other content of any of our Services is accurate, complete, reliable, current, or error-free.

Descriptions, commentary and all other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We do not accept any liability or responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

Payments and refunds

We offer services for sale. We do not handle payments for these products directly but rather refer these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy.

Free accounts are provided with limited access to the Website that allows the user to test some of the available services prior to making a payment and determine if the offered services meet users needs.

Due to the nature of our content and the entire marketplace, and all reports being downloadable, we are unable to offer refunds.

Data Collection

Any and all Personal Information you provide will be held in strict accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

Acceptable use

You may use the Website only for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To use or re-use any material which may in any way infringe our Intellectual Property Rights.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Process of making offers to purchase a business

The intention of this clause is to eliminate any confusion in the sales process, including—but not exclusively—the prevention of a Seller agreeing to sell the Business to numerous Buyers.

Buyer agrees that all offers to purchase a Business listed on this Website or through other services provided by Investors Club are required to be communicated exclusively through the Investors Club platform so that we are aware of all pending offers.

If two or more Buyers offer the full or below listing price for the Business, the Buyer whose offer Seller accepted first will be deemed the purchaser of the Business.

Seller may accept any offer that is presented by the Buyer(s). Seller may decline any offer that is presented by the buyer(s), unless the offer matches the exact listing price.

As a Buyer, you are strictly prohibited from sending markedly or unfairly low offers for one or multiple sites listed on the platform, especially when it can be defined as being offensive, harassing, or provocative toward one or more Sellers.

We will determine, in our reasonable discretion, what exactly is an unfairly low offer, as stated above, but you can consider that any amount that is less than 60% of the listing price will be considered as an unfairly low offer.

Account termination/modifying/terminating services

Investors Club may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website.

Notwithstanding the foregoing, if you have a client account, such account can only be terminated by us. We will determine, in our reasonable discretion, whether there has been a breach of this Agreement through your use of the Website. When a breach of this Agreement has occurred, we may take such action as we deem appropriate.

If we determine that there has been a breach of this Agreement through your use of the Website, we have the right to cancel your account without refunding the money to you. In this case, you won't be able to re-apply to request access to Investors Club.

Failure to comply with this Agreement constitutes a material breach upon which you are permitted to use the Website, and may result in our taking any or all action we deem appropriate, including, but not limited to:

  • Immediate, temporary or permanent withdrawal of your right to use the Website.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
  • Issue of a warning to you.
  • Legal proceedings being taken against you for the reimbursement of any reasonable costs that we incur (including, but not limited to, reasonable administrative and legal costs) as a direct result of you failing to abide by the Agreement.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We can terminate the Website immediately and at any time as part of a general shut down of our service.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of the State of Wyoming, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the US for the resolution of any disputes.

Intellectual Property

We are the owner or the licensee of all Intellectual Property Rights on the Website, and in the material published on it. You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website shall remain at all times vested in Investors Club. You are permitted to use this Website and the material contained therein only as expressly authorized by us.

All content included in or made available by us, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is our property and is protected by US and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use our Services for their permitted purposes and in accordance with this Agreement, you may not copy, extract and/or re-utilize any content of Investors Club without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of our Services or their content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of our Services or their content without our express written consent.

Our trademarks (graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services) may not be used in connection with any product or service that is not our, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Investors Club.

All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not frame or use framing techniques to enclose any of our trademarks or logos (including images and text) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent.

Confidentiality

The Buyer and Seller agree to maintain complete confidentiality regarding this Agreement as it pertains to the purchase of a Business.

From and after the date the Business is listed on the Investors Club platform, the Seller shall not disclose any and all information concerning the Business, except to the extent the Seller can show that such information (a) is generally available to and known by the public through no fault of Seller (b) is lawfully acquired by Seller from sources which are not prohibited from disclosing such information by a legal, contractual or fiduciary obligation.

You may be provided confidential information after creating an account on the Investors Club Platform. “Confidential information” shall mean non-public, proprietary information revealed through the Investors Club platform of an applicable investment opportunity (whether in writing, orally or by any other means) including, but not limited to, (a) information expressly marked or disclosed as confidential, (b) all financial information, personal or personally identifiable information (as those terms are understood under state, federal and international privacy laws and regulations), business plans, software, code, processes, procedures, formulas, market niche, marketing plans and strategies, intellectual property, technology, research, know-how, methods, techniques, inventions, drawings, masters, raw materials, components, business information, trade secrets, assets, operational methods, marketing plans or strategies, client lists, lead lists, customer lists, employees lists, analysis, contractual information, pricing structures and terms, and the like and any other information related to the business to be acquired.

This provision is intended to be broadly construed such that all non-public information obtained by you will be considered confidential information.

Confidential information will at all times be, and will at all times remain, the property of the providing party and all applicable rights, including, but not limited to, all intellectual property rights, rights of publicity, or other personal or proprietary rights embodied in the confidential information will remain in the providing party. You agree that you will treat all such information as confidential and will not disclose such confidential information to any third party.

You shall not use any confidential information for any purpose other than to evaluate the investment opportunity and you will prohibit all third-parties that come into possession of the confidential information as a result of your access to it from using it for any purpose other than to evaluate the investment opportunity, including your agents, financial advisors, attorneys, employees, contractors and similar.

You may disclose the confidential information to your agents, financial advisors, attorneys, employees, contractors and similar who have to know such information in connection with the evaluation of the investment opportunity. You shall use at least the same degree of care to avoid disclosure of such information as you use, or would use, with respect to your own confidential information of such importance.

You are prohibited from using the confidential information to obtain non-public information from a competitor, to form a competing business, to register domain names pertaining or related to the acquisition target, to obtain keyword lists, user lists, or traffic numbers, or to take any other actions by which you or any other party under your ownership or control uses the confidential information for purposes outside of the evaluation of the investment opportunity.

In the event that you are required by law to disclose any confidential information, you will cooperate with the providing party and, when possible pursuant to statutory or regulatory authority, provide the providing party with prompt, advance written notice so that the providing party may seek a protective order, prevent against the disclosure of confidential information, or waive compliance with the provisions of this Agreement.

Seller’s confidential information will at all times be, and will at all times remain, the property of the Seller and all applicable rights, including, but not limited to, all intellectual property rights, rights of publicity, or other personal or proprietary rights embodied in the Seller confidential information will remain in the Seller.

We agree that we will treat all confidential information as confidential and will not disclose such to any third party except: (i) We will provide this information to Buyers consistent with this Agreement; (ii) We may disclose the information to our employees, agents, attorneys, accountants, officers, and directors in connection to Investors Club services; and (iii) in the event that we are required to disclose any such information, and, when possible pursuant to statutory or regulatory authority, we will provide the Seller with a written notice so that the Seller may seek a protective order or waive compliance with the provisions of this Agreement. If, in the absence of a protective order or the receipt of a waiver hereunder, we are nonetheless, on the advice of our counsel, legally required to disclose the Seller confidential information, we may disclose such information without liability hereunder.

If any user of the platform, subject to this Agreement, discloses or threatens to disclose any confidential information to the any user’s detriment or damage, in violation of this Agreement, the user whose information is at issue will suffer irreparable damage and shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction to restrain the other disclosing user from such unauthorized use or disclosure, in whole or in part, of such confidential information, without the need to post a bond, and/or from providing services to any user to whom such information has been disclosed or may be disclosed.

The infringing user further agrees to reimburse the disclosing user for any loss or expense incurred as a result of the infringement, including but not limited to court costs and reasonable attorney fees incurred by the disclosing user in enforcing the provisions of this Agreement, in addition to any other damages which may be proven.

The users shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

Disclaimers and Limitations of Liability

Buyer understands and agrees he/she is solely responsible for investigating all aspects of any purchase of Businesses, including but not limited to independently reviewing financial information, market circumstances, operational issues, supplier contacts, and other factors pertaining to the overall functioning of the Business. Buyer is advised to not only rely on information provided by us, but to supplement that information with its own investigation, including asking the Seller specific questions regarding the Business and the information disclosed in the sales process. We make no representation or warranty regarding the future performance of any Asset or Business regarding the Businesses listed on our platform.

The material that we display on the Website is provided without any guarantees, conditions or warranties as to its accuracy. As such, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded.

We shall not be liable to you in any event for losses related to your use of the Website or in connection with such use, inability to use, or results arising from your use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, which was not reasonably foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

The Website is provided "as is". We, our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

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 to your downloading of any material posted on it, or on any website linked to it.

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content 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.

General

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. 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.

We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Contacting Us

Any questions about these terms of service and privacy policy should be addressed to us via [email protected]

This document was last modified on Dec 1st, 2022.