Your Acceptance of Terms
These terms and conditions (“Terms”) are an agreement between you and 3xEquity, LLC. (“3xEquity” or “we”) regarding the services and products provided by 3xEquity, through its website at www.3xequity.com, or otherwise (the “Services”). By using the Services online, including accessing information from the Service, providing data or information to the Services, or by downloading any software or data/information from the Services, you agree to these Terms in full.
Services and Components
Our Services are for use in, among other things, providing tools for use in valuing financial advisor practices, including quick online valuation assessment tools and a detailed online or downloadable benchmark report. Our Service is helpful for use in preliminary planning for sale or succession purposes. However, the valuations our Services estimate for your business are based on limited information, and are not intended to be comprehensive. The actual potential sales value can vary significantly from the valuations calculated using our Services, and 3xEquity cannot be responsible for the actual sales price you select for your business and/or any lost opportunity stemming from such selection.
The Services also include, or may include in the future, creating reports, creating publications, creating newsletters, providing seller listings, interested buyer listings, and financing for purchase of a business. In addition, we are often interested and may be available to consider purchases of financial advisor practices.
The quick online valuation assessment tool (Preliminary Valuation) can be used without providing any identifying information regarding you or your business. However, in order to use our Custom Valuation tool (for generating the benchmark report), you will need to provide identifying information and 3xEquity may charge a price for that aspect of the Services. You will be provided with notice of that charge before it is incurred.
You must be 18 years of age or older to use the Services.
License Grant and Use
You may use our Services accessible from the website at www.3xequity.com, and the benchmark reports generated using the Custom Valuation Tool, provided you adhere to these Terms (including all or any further written policies presented during your use of the Service). Furthermore, to the extent we offer any software for downloading, you are granted, subject to payment of a fee as may be required by 3xEquity, at our discretion, a non-exclusive, non-transferable, revocable and limited license to use the software or materials for their intended purpose stated above. Any software downloaded from the Service is licensed to you under the conditions listed in these Terms, not sold or transferred to you. You agree that you may not use this Service or any software or materials you download from this Service in any way that conflicts with or violates these Terms or other agreements between you and any third-party.
Users of our Services always have the option to terminate their accounts by sending an email requesting termination to firstname.lastname@example.org. If you wish to terminate your account, you must include the phrase, “terminate my account,” and you must provide your name, email address and phone number in the email. If you properly request termination, we will terminate your access to your account and this will also terminate your ability to submit information to the Services for the Custom Valuation Tool. We will delete your account information from our storage systems upon termination. However, we cannot guarantee that all information submitted by you will be completely deleted.
You promise NOT to use the Services for any of the following purposes or activities:
- conducting or supporting illegal activity of any type whatsoever;
- transmitting or storing worms or viruses or any code of a destructive nature;
- threatening, harassing, abusing, impersonating, injuring or intimidating others;
- interfering with others' use of the Services, unless such interference is for the purpose of complying with another section of these Terms;
- delivering spam or collecting information to deliver spam, or sending advertisements;
- decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in Services or any software of the Services;
- making any modification, adaptation, improvement, enhancement, translation or derivative work from the Services or software or materials provided through the Services;
- disguising the origin of any content transmitted through the Services or manipulating your presence on the Services or providing any false or misleading information to the Services;
- causing the launch of any automated system(s) that access the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- data mining, scraping, crawling, redirecting, or compiling data for any purpose other than one expressly authorized pursuant to these Terms;
- using any proprietary information or interfaces of the Services or other intellectual property of the Services for any reason not authorized by these Terms; or
- reproducing, copying or redistributing any materials downloaded from the Services.
In order to use the Custom Valuation tool of our Services, or certain other aspects of our Services that may be provided in the future, you may be required to establish a password, and provide your name, email address, and phone number. If so, 3xEquity, at its sold discretion, and without prior notice to any parties, may change your password and provide notice to you of the same, and/or require that you change your password. You understand and agree that you are solely responsible for safeguarding all access rights that you have under your password. You may not transfer or assign your password or account.
You are responsible for your conduct and activities arising during use of the Service and for any content or data you provide to or through the Services. You agree that 3xEquity is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the content or data provided to the Services by users or other third parties. You also understand that 3xEquity does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data provided to the Service by you or others, but that 3xEquity shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is made available via the Service, for any reason, including a violation of any of these Terms.
Warranties You Provide
You warrant and represent to 3xEquity that you are not infringing the intellectual property rights, misrepresenting your identity or other information, or violating the privacy of others whenever you provide content or data on or through the Services and that you are fully authorized to transmit all such content or data to the Services. You agree to fully indemnify and hold 3xEquity harmless for any infringement of the rights of others caused by your use of the Services, as further set forth in the Indemnification section below. You agree that your use of the Services does not grant you any ownership or other intellectual property rights in any aspect, feature or component of the Services, or any content or data provided by other users, or any materials or software downloaded from the Services. You also agree that 3xEquity is not responsible for protecting any intellectual property rights you, or another party, may assert in the content or data you provide to the Services. If you infringe the intellectual property rights of others, or otherwise violate the rights of others, when you use the Services, your account may be terminated by 3xEquity, without notice. If 3xEquity becomes aware of a party that repeatedly infringes the copyrights (or other intellectual property of others) or otherwise violates the rights of others, 3xEquity will terminate the user’s account, and may do so without notice.
License You Provide to 3xEquity
Copyright Infringement Allegations for Content
The Service responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. If you have a “good faith” belief that content provided on the Services infringes your rights, and you wish for 3xEquity to address the accused infringing content, please email us at email@example.com.
THE SERVICES, AND ANY ASSOCIATED PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE SERVICES, ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. 3xEquity DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. 3xEquity SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING ANY THIRD PARTY INFORMATION OR ADVERTISEMENTS ON THE SERVICES). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, PHONE, DATA DEVICE, OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR PROCUREMENT OF SUCH MATERIAL, OR ANY LOST FINANCIAL OPPORTUNITY DUE TO YOUR USE OF THE SERVICES IN PRICING YOUR BUSINESS. UNDER NO CIRCUMSTANCES SHALL 3xEquity BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE SERVICES OR THEIR ASSOCIATED PRODUCTS AND SERVICES (INCLUDING THIRD PARTY SERVICES OR PRODUCTS ADVERTISED OR OTHERWISE OBTAINED THROUGH THE SERVICE, OR USED IN CONNECTION WITH THE SERVICE, SUCH AS, FOR EXAMPLE, THIRD PARTY RECRUITERS OF FINANCIAL ADVISOR BUSINESSES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 3xEquity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICE, FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, OR BY ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES (INCLUDING THE INFORMATION, ADVICE, PRODUCTS OR SERVICES RECEIVED FROM THIRD PARTIES ADVERTISING ON OR IN CONNECTION WITH THE SERVICE).
The Service cannot and does not offer user legal, tax, or regulatory advice in the acquisition, merger, or sales process. You are advised to seek independent legal, tax, or other professional counsel for all aspects of the sales or succession process or transaction. You bear full and complete responsibility in the use of, or reliance on, information provided through the Service. 3xEquity CANNOT AND DOES NOT WARRANT ANY VALUATION ESTIMATES OR VALUES OBTAINED THROUGH THE SERVICES OR THE VALUE OR CONDITION OF A BUSINESS BEING PURCHASED, MERGED WITH, OR SOLD THAT IS DISCOVERED ON THIS SITE OR TRANSACTED WITH THROUGH THIS SITE, THE REPRESENTATIONS OF EITHER BUYER OR SELLER, NOR THE RETENTION OF CLIENTS OR ASSETS UNDER MANAGEMENT FOLLOWING SALE, MERGER, OR ACQUISITION. All risk of loss or damage is born by you. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
All legal issues arising from or related to the use of The Services shall be interpreted under the laws of the State of Washington, USA, without regard to conflicts of law principles. By using the Service and agreeing to these Terms, you agree/consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington, USA, with respect to disputes arising out of or relating to this Agreement or your use of The Service.
You agree to defend and indemnify and hold 3xEquity harmless from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, or other rights or privacy of a third party, and (iii) misuse of the Services by a third party where such misuse was made available by your failure to take reasonable measures to protect your account from misuse.
These Terms, and any written policies provided to you through the Services, constitute the entire agreement between you and 3xEquity with respect to the Services and supersede any other agreements between you and 3xEquity with respect to the Service.
Effective: October 28, 2014