These Terms of Use (“Terms”) govern access to and use of the Website, including listings, forms, communications, and confidential materials. By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
Global Capital provides business brokerage and transaction-related services and generally represents sellers. Unless a separate written agreement provides otherwise, Global Capital does not represent prospective buyers as their agent, fiduciary, attorney, accountant, tax advisor, investment advisor, lender, or other professional advisor.
Global Capital may receive a commission or other compensation from a seller or another transaction participant. Any compensation arrangement applicable to a particular transaction will be governed by the applicable written agreement.
Global Capital may require a prospective buyer to provide accurate identifying and qualification information, sign a nondisclosure agreement, and satisfy other access conditions before receiving confidential information concerning a listed business. Information provided must be accurate and kept current.
Users represent that they will use the Website for a legitimate business-acquisition purpose and will not submit information under a false identity or on behalf of an undisclosed third party. Brokers, intermediaries, competitors, private equity firms, investment groups, and other representatives must disclose their role and may access confidential information only with Global Capital’s authorization and subject to applicable written agreements.
Global Capital may deny, suspend, restrict, or terminate access to the Website or to confidential materials in its discretion.
Listings and related materials are not offers to sell, offers to purchase, securities offerings, investment recommendations, or binding commitments. A listing does not guarantee availability, value, profitability, financing, accuracy, future performance, or closing.
Any transaction requires independent diligence, negotiation, definitive written agreements, and satisfaction of applicable closing conditions.
Listing information is supplied by sellers or other third parties. Global Capital may summarize or reformat that information but generally does not audit, independently verify, or guarantee it. Information may contain estimates, omissions, errors, inconsistencies, or outdated material and may change without notice.
The Financial Disclaimer is incorporated into these Terms.
Confidential information received through the Website or Global Capital may be used solely to evaluate a potential transaction. Users must:
A separately executed nondisclosure agreement controls if it provides greater protection or imposes additional obligations.
Users may not intentionally circumvent Global Capital in connection with a business introduced, identified, or made available through Global Capital. Offers, proposals, diligence requests, and transaction communications concerning such a business should be coordinated through Global Capital unless otherwise authorized in writing.
Nothing in these Terms creates a commission obligation or exclusivity arrangement that is not stated in a separate written agreement. Any commission, referral, exclusivity, or post-termination protection must be established by an applicable written agreement and comply with law.
Prospective buyers are solely responsible for investigating a business, including its:
Users should retain independent legal, accounting, tax, financing, valuation, and other professional advisors.
The Website, its design, software, databases, text, graphics, logos, compilations, and other content are owned by or licensed to Global Capital. Subject to these Terms, Global Capital grants a limited, revocable, nonexclusive, nontransferable right to access and use the Website for personal, internal, noncommercial evaluation of potential transactions.
Users may print or download a reasonable amount of material solely for that purpose. All other copying, scraping, redistribution, publication, modification, database reproduction, or commercial use requires prior written permission. Proprietary notices may not be removed.
Users may not:
The Website and all content are provided “as is” and “as available.” To the fullest extent permitted by law, Global Capital disclaims express and implied warranties concerning availability, accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, noninfringement, security, and results.
Global Capital does not warrant that the Website will be uninterrupted or error-free or that files will be free of harmful code.
To the fullest extent permitted by law, Global Capital and its owners, officers, directors, employees, agents, brokers, affiliates, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, arising from Website use, reliance on a listing, unauthorized disclosure, inability to access the Website, or failure of a proposed transaction.
Nothing excludes liability that cannot lawfully be excluded, including liability for fraud or intentional misconduct.
Users acknowledge that unauthorized disclosure or misuse of confidential information may cause harm for which monetary damages are inadequate. Global Capital may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable relief, in addition to available legal remedies, subject to applicable law.
To the fullest extent permitted by law, users agree to indemnify and hold harmless Global Capital and its owners, officers, directors, employees, agents, brokers, affiliates, and service providers from claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from the user’s breach of these Terms, misuse of the Website, unauthorized disclosure, violation of law, or violation of third-party rights.
These Terms are governed by New York law, without regard to conflict-of-law principles. Any action arising from or relating to these Terms or the Website shall be brought in the state or federal courts located in Nassau County, New York, unless applicable law requires otherwise. The parties consent to that jurisdiction and venue.
Global Capital may modify, suspend, or discontinue the Website or any listing at any time. If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.
Questions may be directed to nicholas@globalcapbrokers.com.