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By Jim Stauder
Up to 90% of the business owner's net worth is tied up in the business
For lack of planning approximately 75% of businesses never sell
There are 66 potential obstacles to the successful sale of a business.
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September 28, 2012
The How to Plan and Sell a Business website (www.howtoplanandsellabusiness.com) (the “HPSB Website”) is owned and managed by Taggart, LLC (“Taggart”). Taggart exists to provide sponsored information, content, products, services and other materials, including the “How to Sell A Business Newsletter” (the “HPSB Newsletter"), to business owners on topics relevant to the sale of a business.
In this Agreement, “we”, “us” or “our” refer to Taggart, and “you” or “your” refer to each visitor, user, customer or subscriber of the HPSB Website, the HPSB Newsletter and/or the HPSB Products and Services.
1. Access to the HPSB Website is Free
Because the HPSB Website is independently sponsored, access to and use of the HPSB Website, the HPSB Newsletter, and the HPSB Products and Services are available without charge. However, in order to have full access to all features and content at the HPSB Website, you must become and remain an email subscriber to the HPSB Newsletter. There is no charge for this email subscription. Even if you elect not to become an email subscriber to our HPSB Newsletter, you will still have access to limited or truncated content at the HPSB Website concerning general topics of interest to business owners.
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Because the HPSB Newsletter is independently sponsored, there is no charge for your email subscription to the HPSB Newsletter.
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Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
13905 Tanglewood Drive
Farmers Branch, TX 75234
By Email: [email protected]
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
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In accessing and using the HPSB Website, subscribing to the HPSB Newsletter, and/or accessing or using any HPSB Products and Services, you agree that you will not:
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Facts and information at the HPSB Website, in the HPSB Newsletter and/or in any HPSB Products and Services are believed to be accurate at the time they were placed. Changes to such facts and information may be made at any time without prior notice. All data provided on the HPSB Website, in the HPSB Newsletter and/or in any HPSB Products and Services is to be used for information purposes only. The information contained on the HPSB Website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Taggart and such information should not be relied upon as all-inclusive or accurate.
The information contained in the HPSB Website, in the HPSB Newsletter and/or in the HPSB Products and Services is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in the HPSB Website, in the HPSB Newsletter, and/or in the HPSB Products and Services without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. The author, Taggart and its owners expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the HPSB Website.
8. Links to Third Party Sites
9. Software and Downloads Available Through the HPSB Website
Any software that is made available to access, use, view and/or download in connection with the HPSB Website (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Taggart, one or more companies commonly owned by or with Taggart, and/or their licensors and suppliers, and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Taggart accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
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Accessing materials on the HPSB Website by certain persons in certain countries may not be lawful, and Taggart makes no representation that materials on the HPSB Website are appropriate or available for use in locations outside the United States. If you choose to access the HPSB Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
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The HPSB Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Taggart. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Taggart does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Taggart will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for any HPSB Products and Services.
Taggart may display advertisements for the goods and services of a third party on the HPSB Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Taggart does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the HPSB Website or in any HPSB Products and Services, including in the HPSB Newsletter.
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THESE LIMITATIONS SHALL APPLY REGARDLESS OF HOW ANY ALLEGED DAMAGES ARISE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, OR ARISING OUT OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE HPSB WEBSITE OR MATERIALS AVAILABLE FROM OR THROUGH THE HPSB WEBSITE, EVEN IF Taggart OR ANY COMPANY COMMONLY OWNED BY OR WITH Taggart OR THEIR AGENTS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION OF LIABILITY, OR THE EXCLUSION OF REPRESENTATIONS AND WARRANTIES BELOW, IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF Taggart AND/OR ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND/OR ANY OF THEIR AGENTS FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE HPSB WEBSITE, THE HPSB NEWSLETTER AND/OR ANY HPSB PRODUCTS AND SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT) IS AT YOUR OWN RISK. THE HPSB WEBSITE AND ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS, AND OTHER MATERIALS CONTAINED WITHIN OR AVAILABLE THROUGH OR FOUND AT THE HPSB WEBSITE AND/OR IN THE HPSB NEWSLETTER OR ANY HPSB PRODUCTS AND SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS", “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY Taggart OR ANY COMPANY COMMONLY OWNED BY OR WITH Taggart OR THEIR AGENTS. Taggart AND ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND THEIR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HPSB WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR THROUGH THE HPSB WEBSITE (INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT). TO THE FULLEST EXTENT PERMITTED BY LAW, Taggart AND ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND THEIR AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. Taggart AND ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND THEIR AGENTS MAKE NO REPRESENTATION OR WARRANTY THAT THE HPSB WEBSITE WILL BE AVAILABLE OR ACCESSIBLE AT ANY PARTICULAR TIME OR WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HPSB WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRSUES AND/OR OTHER HARMFUL COMPONENTS. Taggart AND ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND THEIR AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE HPSB WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHIC CONTENT. Taggart AND ANY COMPANY COMMONLY OWNED BY OR WITH Taggart AND THEIR AGENTS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR RECEIPTS OF ANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
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To the extent you have in any manner violated or threatened to violate the intellectual property rights of Taggart and/or any company commonly owned by or with Taggart, then Taggart and/or such commonly owned company may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this Agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Dallas County, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Dallas County, Texas, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
17. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the HPSB Website may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notice via postings at the HPSB Website or via email to any email address that you provide to us during subscription to the HPSB Newsletter. If you do not wish to deal with us electronically, you should not access or use the HPSB Website, subscribe to the HPSB Newsletter, access or use any other HPSB Products and Services or otherwise enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid.
18. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
Taggart may modify the provisions of this Agreement at any time in its absolute discretion. When Taggart changes the terms of this Agreement, Taggart will endeavor to notify you by email or online postings on the HPSB Website. The changes will also appear in this Agreement. Please review this Agreement periodically for changes. If you do not agree to be bound by the modified terms of this Agreement, you should not use or access the HPSB Website again and you should not continue your subscription to the HPSB Newsletter. By subscribing to the HPSB Newsletter and/or by otherwise using the HPSB Website or any other HPSB Products and Services, you are agreeing to be bound by the terms of this Agreement as modified at any time or from time to time by Taggart.
Taggart may terminate your subscription to the HPSB Newsletter and/or terminate or suspend your use or access to all or part of the HPSB Website and/or any other HPSB Products and Services, with or without notice, for any conduct that Taggart, in its sole discretion, believes is in violation of this Agreement, any applicable law, or for any act which is harmful to the interests of another user, service provider, or Taggart, or for any other reason whatsoever. Applicable sections of this Agreement will survive any termination or expiration of this Agreement.
Taggart reserves the right, in its sole discretion, to modify, suspend, or terminate the HPSB Website, the HPSB Newsletter, the HPSB Products and Services, and/or any portion thereof, and/or your account, password, subscription to or use of the HPSB Website, the HPSB Newsletter and/or any HPSB Products and Services, or any portion of any of the foregoing, at any time for any reason with or without notice to you.
Termination of your account, subscription and/or access and use rights removes your authorization to use the HPSB Website, the HPSB Newsletter, and the HPSB Products and Services. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Taggart and any company commonly owned by and with Taggart and their agents shall not be liable to you or any third party for any termination of your access to the HPSB Website, the HPSB Newsletter and/or any HPSB Products and Services.
You agree not to assign your rights under this Agreement without the written consent of an authorized representative of Taggart in a non-electronic record, and any assignment without Taggart’s consent will be voidable at Taggart’s option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
21. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Taggart except in a signed, non-electronic writing signed by an authorized representative of Taggart.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Taggart and/or any company commonly owned by or with Taggart as a result of this Agreement or your use of the HPSB Website, the HPSB Newsletter or any other HPSB Products and Services.
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