Terms of Service
Welcome to ExitAdviser, an online FSBO (For Sale by Owner) platform that enables you to orchestrate the business sale process in a structured way.
Please read the following terms before getting started. By using our public website or signing up for a premium service package, you agree to be bound by these Terms of Service found here.
The following terms shall be interpreted in accordance with their respective definitions throughout this document:
2.1 "ExitAdviser", "we", "us", "our": They refer to ExitAdviser, LLC.
2.2 "You", "your", "user", "client" and "viewer": They refer generally to the person visiting the website and/or using the services of ExitAdviser.
2.3 The "TOS": The terms of the service aim to set certain terms and conditions on which the users may use the services of ExitAdviser, determine rights and liabilities of the user and ExitAdviser.
2.4 Client: It refers to a person who has paid ExitAdviser required fee in return of online services.
2.5 "Material": It includes the content, tools, forms, templates, information, design, tables, graphs, images and resources available on ExitAdviser.
2.6 "Services": It refers to the authorized use of the resources available on ExitAdviser
2.7 "Provisions" or "sections"; they refer to the points enumerated in the TOS from section 1 to 7 including their sub-sections.
3. General Terms and Conditions
3.1 The material on ExitAdviser is for user’s general information and use only, and has nothing to do with professional advice, financial advice, professional consultancy, or business brokerage. User is advised to treat the service accordingly.
3.2 ExitAdviser has a right to make any amendment in the TOS without any previous notice. The updated version of the TOS shall be applicable soon after it is uploaded and displayed on ExitAdviser's website. It is advised that the users should frequently visit the TOS page.
3.3 The users expressly acknowledge that it shall be their own responsibility to ensure that any part of the services available through this website meet their specific requirements.
3.4 The users are supposed to retain copies of any literature issued in relation to the provision of our services.
3.5 The headings are for the readers’ convenience only and do not form the part of the TOS.
4. Services, Payments and Paybacks
4.1 Before using our services, the users are supposed to ensure that they have understood the nature of the services offered by ExitAdviser.
4.2 ExitAdviser is a unique online service that helps you to market your business to potential buyers searching on Google. Before you go to market, online guidance is provided to prepare your business for sale, including identification of practical short term changes that aim to increase the value of the business. The quidance is provided in form of online articles and how-to guides.
4.3 ExitAdviser is an online "virtual brokerage" service that enables you to orchestrate the business sale process for yourself in a structured way, using helpful online resources and access to potential buyers searching online for businesses to purchase. It must not be deemed to be an investment, financial or professional broker in its legal or traditional sense.
4.4 ExitAdviser's 100% Money-Back Guarantee is valid for 30 days from the date subscription starts. In the event that you are not satisfied with the service, you may ask for a full refund. Please note that the refund does not apply if you have already started your Google Adwords campaign using the Go-to-Market Tool. Nor does it apply for subscriptions that are shorter than or equal to 30 days (1 month).
4.5 Once the subscription is matured and the client has not claimed the Money-Back Guarantee as per section 4.4, the money shall not be refunded.
4.6 The one-off subscription fee is typically valid for one or several months (see the Pricing page for details), with no recurring charges and no auto-renewals applied.
4.7 ExitAdviser charges an affordable one-off charge that is a fraction of the rates typically charged by business sale brokers. This fee may even be re-claimable as a business expense.
4.8 Exitadviser charges an one-off fee to an individual user for accessing the online features listed at sign-up (see the "Pricing" section). In the course of your Google Adwords campaign you may need to buy further ad clicks to refresh your marketing budget.
4.9 ExitAdviser refers the user to Pricing and Sign-up page for current payments and services in detail which should also be deemed to be the part of the TOS.
5. Privacy, Confidentiality, Data Protection and Security
5.1 ExitAdviser respects the privacy of its users. It has sophisticated technology to ensure that only authorized employees within ExitAdviser may have access to any information collected from individual customers, and then it is used only on a "need to know" basis.
5.2 Generally, we collect the following information:
- E-mail address (mandatory, shall be unique, it works as a loginID/username), not shared with third parties
- Name (optional)
- Surname (optional)
- Business- or project name (optional)
5.3 You can use a project name of your choice so that we have a reference point for your account and data in the system. ExitAdviser needs a label to set up your business account and identify your data. A project name of your choice shall suffice for this unique system reference.
5.4 ExitAdviser shall not reveal your personal information to any third party. It is your responsibility to decide what to communicate to the marketplace and potential buyers. You choose whether to mention your name, e-mail address, telephone number, business name or other details that may reveal your identity. Take special care not to include commercially sensitive information in your Sales Memorandum or on your Landing Page.
5.5 In general, the user records are regarded as confidential, and therefore shall not be divulged to any third party, other than the owners of ExitAdviser for the specific use for which such records have been provided and maintained, and if legally required, the concerned authorities may be allowed the access to such information.
5.6 We shall not sell, share, or rent users’ personal information to any third party, or use their e-mail address for unsolicited mail.
5.7 Any emails sent by ExitAdviser to the users shall only be in connection with the provision of the services.
5.8 ExitAdviser runs on the Microsoft Windows Azure (MWA) cloud service - it is this system that manages all the files, code and database updates that have been uploaded to ExitAdviser.com, according to the following service commitments stated in the Windows Azure Trust Center.
5.9 We may use IP addresses to administer the site, track user’s geographic location (city, state, country), and gather broad demographic information for aggregate use.
5.10 IP addresses are not linked to personally identifiable information.
5.11 Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL
5.12 All employees and associates of ExitAdviser are bound by the valid Non-Disclosure Agreements covering customer data
5.13 Access to the database is restricted to the System Administration Department at ExitAdviser
5.14 The user passwords are encrypted for maximum security, and in case the user forgets his password, the only way to access his/her data is via a new password automatically generated by the system.
5.15 Any individually identifiable information related to the data shall never be used in any way different to that stated above without the user’s explicit permission.
6.1 Error and omissions excepted.
6.2 ExitAdviser takes no responsibility for server downtime caused by MWA and shall not pay any compensation to you in the event that it happens.
6.3 ExitAdviser has an efficient and advanced system in place, and data loss is highly unlikely, but in the event that it does happen accidentally, whether as the result of failure by MWA or ExitAdviser, ExitAdviser disclaims all sort of liabilities to that effect
6.4 In the event of the site being hacked, with data changed or stolen, ExitAdviser shall not be held liable in any way.
6.5 ExitAdviser shall not be liable for its inability to provide services to its users thanks to causes beyond ExitAdviser’s reasonable control, including but not limited to heavenly acts, strikes, war, labor disputes, official orders, embargoes or any force majeure incident.
6.6 ExitAdviser is rich in highly expert and skilled human resources to facilitate its clients, yet the nature of ExitAdviser’s innovative tools possess certain limitations. Therefore, neither the ExitAdviser, nor any of the third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials and the services found or offered on this website, for whatever purpose they are used. The user and client, hereby, expressly acknowledge that they have no right to sue on the grounds mentioned above.
6.7 ExitAdviser provides a number of self-help tools and templates. The resulting data and reports that are outputted by the tools and templates are completely reliant on the accuracy of the information inputted by the client or the user to the specified data fields. We own no liability for the accuracy of outputted information from the tools and templates, or any outcomes that arise subsequently from the information's use
6.8 In particular, the Business Valuation Tool (BVT) calculates a range of values for your business that is wholly dependent on the assumptions the user makes and the accuracy of the financial data and forecasts that the user enters. The user acknowledges that we own no liability for the business valuations automatically calculated by the BVT, and that we are in no way liable for the outcome of any negotiations where these BVT valuations are used.The user or client is strongly advised to compare BVT valuations with other valuation methods before settling on a final asking price for the business.
6.9 In the course of business, ExitAdviser may also include external links. These links are meant to facilitate the user to get further information. It should not be presumed that ExitAdviser endorses any of these websites, nor do we own any liability for the content therein.
6.10 ExitAdviser strongly advises that you seek professional advice from a qualified lawyer while selling your business, particularly when you are dealing with detailed legal documentation. The sample legal templates, forms and checklists provided on ExitAdviser are strictly for information only, and should not be used to negotiate and conclude the sale transaction. The subscription fee of ExitAdviser does not include any compensation or payments to professional advisers who may be introduced through this website.
6.11 ExitAdviser provides contact data of near-by advisers via Talk to Advisers tool. ExitAdviser has no relationship with independent professionals such as Business Brokers, Appraisers, Tax Advisers, etc. listed at the tool, so you need to negotiate your own service terms. The subscription fee of ExitAdviser does not include any compensation or payments to independent advisers who may be introduced through this website.
7. Copyrights and Intellectual Property Rights
7.1 ExitAdviser contains material which is owned by, or licensed to ExitAdviser. This material includes, but is not limited to, the design, content, layout, look, appearance and graphics. The reproduction of the material is strictly prohibited unless with the proper consent of ExitAdviser.
7.2 All trademarks recreated or reproduced in ExitAdviser, that do not belong to or are licensed to the operator, are hereby acknowledged on ExitAdviser.com
7.3 Any unauthorized use of ExitAdviser.com may give the right to ExitAdviser to claim for tortious damages and/or to go to court for the initiation of the criminal proceedings
7.4 ExitAdviser believes that it has left no stone unturned to ensure that it has not violated or infringed the rights belonging to any other party. If any person or party has any proof of violation of such rights, he/she or it is bound to serve at least thirty (30) days notice on ExitAdviser with the proof of such violation through its official email address. ExitAdviser assures to resolve the matter immediately.
7.5 ExitAdviser aggregates some news stories or articles belonging to national and international media organizations for the general information of the users. ExitAdviser refers the sources with the news stories or the article. ExitAdviser does not aim to infringe the copyrights and intellectual property rights belonging to such organizations. In case any of such organizations has objection to such news aggregation, please inform us, and we shall immediately remove their data.
8.1 If any section or subsection of this agreement is proved to be unenforceable due to any reason, it will be severed from it, and the remaining part of the agreement will be valid as if there is no such severity.
For the official correspondence required by the TOS hereunder is official contact for ExitAdviser: Contact us page