ESOPMarketplace is an internet platform or web portal designed to link Business Owners, their key advisors, officers and staff, with carefully selected ESOP-related Professionals. We have also designed the site to help the business owner and their support by providing tools and education pages to facilitate professional networking among its registered members ("Participants" or "Users") throughout the world ("ESOPMarketplace" or "We" or "Us") By "Related Professional" we mean any professional who has a direct business link with ESOP markets as a business advisor, supplier or ESOP Services provider.
ESOPMarketplace.com and its related family of companies and websites (called "the Association") intends to provide high quality internet service, for the good of all its Users and Particpants, and encourages you to read this Agreement carefully.
For Users and Participants: Indemnification
In no event will ESOPMarketplace.com and the Association be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of our website or our advisors, or (II) any claim attributable to errors, omissions, or other inaccuracies in ESOPMarketplace.com electronic content and/or materials or information downloaded through, or hyperlinked, (III) acts or conduct by aUSER/Participant that results in claims of malpractice or financial or personal harm. If your state does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the greatest extent permitted by law. As a USER/Participant, you are also responsible for your actions relating to your use of our site. You agree you cannot delegate, release, or assign that responsibility to anyone else. The USER/Participant has not been given guarantees, warranties or assertions implied or expressed.
USER/Particpant INDEMNIFICATION: USER/Participant agrees to indemnify, defend, and hold harmless ESOPMarketplace.com and the Association, its officers, directors, employees, agents, licensors, suppliers, anyparticipants, and any third party information providers to our Online system, from and against any or all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of this Agreement by you. USER/Particpant agrees to pay all legal and related costs in a timely way, that are imposed on ESOPMarketplace.com and the Association as a result of USER/Participant actions and decisions.
You represent and warrant that you (a) are not under the age of 18; (b) are an ESOP markets professional, or involved in a business that directly relates to the ESOP markets as a client, a supplier, a service provider of ESOP markets professionals in their professional capacity and for the purpose of their business; (c) are not a competitor of ESOPMarketplace; (d) do not have more than one ESOPMarketplace account at any given time; (e) are not engaged in a sales network scheme and (f) have full authority to enter into this Agreement and by doing so you will not infringe any other agreement.
It is intended that Users only contact or connect to other Users in order to develop a direct professional or social relationship that improves a business owner’s experience with conducting an ESOP transaction, or to improve their ESOP’s performance. It is not allowed to offer a User or connect to a User in view of offering such User any goods or services that are not core to ESOPs or that are personal related and that such User would not make a professional use of unless such offer is directly related to ESOPs. For the avoidance of doubt, you are not allowed to use ESOPMarketplace to offer consumer goods including but not limited to cars, luxury goods, food related goods, travels, hotels stays, mobile phones, printers, copy machines, dating, training, university courses, etc. Anyone contravening to that rule will be banned as soon as reported or discovered, at the sole discretion of ESOPMarketplace, without notice and with no compensation for any payments that they have made to ESOPMarketplace and with no compensation of any kind. If you are in doubt then please contact Us via the contact us form and let Us know about your project.
It is your responsibility to read our Terms on a regular basis and make sure you agree and abide by these terms. Should you have read our initial or updated Agreement after your registration and then disagree with its terms, it is your responsibility to unsubscribe from ESOPMarketplace and/or remove any information you have given. You must read and comply with notices sent by ESOPMarketplace concerning the ESOPMarketplace web site
If you do not want to become a Participant, do not click "next" or "save" during the registration process and do not access or use in any way any ESOPMarketplace web page or service. By accessing or using any ESOPMarketplace web page or by clicking "next" or "save" during the registration process, whether for personal purposes or on behalf of a third party, you agree to be individually bound by the Agreement.
The Agreement shall be subject to the US Law and the parties agree hereby to submit to the exclusive jurisdiction of the US courts.
You may terminate this Agreement, for any or no reason, at any time, by providing a one (1) month notice to ESOPMarketplace before your subscription term. ESOPMarketplace may terminate the Agreement for any or no reason, at any time, with or without notice, such termination being effective immediately or according to the notice.
The terms of this Agreement shall survive any termination.
Users' Rights and Obligations
You must provide at your own cost all equipment, software, and internet and/or mobile connection and subscription necessary to connect to ESOPMarketplace.
You must comply at all times with all applicable laws and with the terms of this Agreement .
You agree to provide accurate information to Us and update it as necessary; photographs uploaded must be photographs of yourself.
It is your sole responsibility to decide which information about yourself you will share with ESOPMarketplace and the community of Participants. You must not reveal to ESOPMarketplace and its Users any information that could be prejudicial to you.
By providing any information to Us, you represent and warrant that such information is accurate, is not confidential, and does not infringe any contractual restrictions or other third party rights. You further agree to inform ESOPMarketplace in the event that any such information has changed since your registration with ESOPMarketplace and, when and where relevant, you agree to make such changes on www.ESOPMarketplace.com.
You have no obligation to share any information with Us, but if you choose to do so and share on ESOPMarketplace web pages any contents or ideas, you agree to grant ESOPMarketplace a non-exclusive, free of any royalty, irrevocable, unlimited, assignable and sub-licensable right to publish, use and commercialize by any way, on anything that you have shared with Us, without any further consent required from you, nor notice nor compensation to you or to any third party.
Where necessary, you authorize ESOPMarketplace to modify such information to make it compatible with ESOPMarketplace's display constraints.
You are prohibited from reproducing or using contents relating to other Users of ESOPMarketplace for any purpose other than personal purposes and strictly limited to the use of ESOPMarketplace.
Provided that you comply with all terms of the Agreement, ESOPMarketplace grants you a limited, revocable, nonexclusive, non-assignable, nonsub-licensable right to access contents on the ESOPMarketplace's web pages and to share contents as per the above conditions. You can access ESOPMarketplace web pages through a web browser. You are not allowed to use any kind of technology or specific software used to collect data. There are no other rights granted nor implied.
Using ESOPMarketplace to generate revenue through the transfer for free or the sale of your contacts details or information obtained on ESOPMarketplace web pages to third parties is strictly forbidden and is a serious violation of this Agreement.
You must keep your password confidential at all times, you must not use other Users' accounts and must not let others use your account; you are responsible for anything that happens through your account. You are not allowed to sell nor swap nor provide for free nor transfer your ESOPMarketplace account or any information contained in ESOPMarketplace to another party or charging anyone for access to any part of ESOPMarketplace web pages.
It is strictly forbidden to 1. Exploit ESOPMarketplace commercially in any way, including but not limited to publish, sell, redistribute or display ESOPMarketplace's contents that have not been posted by you in the first place, or share contacts with third parties, 2. Attempt to decipher or to enter into any part of the ESOPMarketplace's source code, 3. enter email, telephone or address information in other fields or other sections than those specifically designed for such information, and more generally enter contents in fields that are not relevant for such contents, 4. use contents, listings or features available on ESOPMarketplace to provide or contribute to any service that competes with ESOPMarketplace in a way or another, 5. Imply or claim, directly or indirectly, that you are endorsed by ESOPMarketplace, 6. Derive ESOPMarketplace's features and contents in whole or part, 7. Make unreasonably repetitive requests to ESOPMarketplace servers, 8. Use automated processes to perform any action on ESOPMarketplace, including but not limited to send messages or connections requests, other than those authorized by ESOPMarketplace, 9. Reproduce the appearance or features of ESOPMarketplace in any way in any service, 10. Try to or bypass or neutralize ESOPMarketplace platform security elements, 11. try interfere in any way with the good functioning of or impose an unreasonable load on the ESOPMarketplace's infrastructure, including but not limited to automated registrations, spams, viruses, 12. Post in your profile or in any ESOPMarketplace web page any content that is injurious, obscene, racist, xenophobic, or discriminatory or offending in any way at ESOPMarketplace's discretion, 13. Disclose any information that you do not have the right to disclose or that infringe any proprietary rights, 14. Include any advertising, spam, or any other kind of unsolicited request within connections requests messages or connect to people and then send such unsolicited requests via ESOPMarketplace's messaging features to other Users without their permission
Disclaimer and limitation of Liability
ESOPMarketplace provides its platform on an "as is" basis and does not provide any express warranty about information contained in the web pages nor about messages sent by Users nor about non-infringement of the rights of anyone nor about the continuation of the service.
ESOPMarketplace does not guarantee that its service will be uninterrupted or error free and declines all responsibility for damages caused by interruptions, errors or other reasons related or unrelated to ESOPMarketplace.
If you are not satisfied by ESOPMarketplace, your only remedy shall be the termination of this Agreement by closing your account.
ESOPMarketplace shall not accept any liability by any direct, indirect or consequential damage resulting from the use of ESOPMarketplace even if ESOPMarketplace has been made aware of such potential damage.
You agree to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, attorneys' fees) related to third party claims caused by your failure to comply with this Agreement.