Web Site Terms of Service

BY USING THIS SITE YOU AGREE TO THE TERMS BELOW:

Use of Content
BizMiner grants a non-exclusive limited license to the Purchaser (you or the business entity purchasing the report) or (in the case of a a license accessing individual or entity) to use the data, whether transmitted electronically, on CD-ROM, diskette or hard copy, or on discs, under the terms and conditions set forth below:

You may use a purchased one-off report for internal personal or business purposes. You may use a licensed report for purposes detail below. You may also use BizMiner content as a value added portion of a significantly larger engagement with a single third-party end user, but not to publish or otherwise distribute the Profile or the information in it. You may integrate the report or its content into a single valuation, business plan appraisal or other document intended for use with a single bona fide client.

This license does not extend to distributing or reselling the report or information in any report to multiple entities without the express written permission of BizMiner. No other print copies or electronic copies are permitted.

Refund Policy
If you have questions about the content of any report series, we urge you review the free samples provided throughout the selection process or at www.bizminer.com/products/ or contact us by phone or email before making a purchase. We do not extend refunds or credits for purchases, including subscriptions.

We provide clearly accessible free samples of each BizMiner report series on our site. The samples are for a generic industry, but the metrics and measures displayed for each report series are identical to those displayed in every report within that series, regardless of the industry or area selected. We do not provide individual company lists or information in any report series except where specifically stated in the free sample. Where there is a reasonable question as to the accuracy of statistics we present, we will make a reasonable effort to check the underlying data and assure that we have reported or manipulated it accurately.

When you purchase an online report, you will be taken to an account page which has been established for you. You can access your reports from that page by selecting the corresponding icons. In addition, we will send you an email with login information for unlimited future access to your reports. We will utilize the email that you input prior to your transaction. It is your responsibility to input a valid email address, and to set your spam controls so that you can receive the information from us. If you did not provide a valid email address, or were unable to receive our email, we have still attempted to deliver both the report and access information to you. Additionally, you can call us (866-863-9853) or email us at any time if you have difficulty accessing your reports online. Since our systems provide all the information and assistance you need to access your reports within a reasonable period of time, we will not provide refunds for reports that you do not access with the information we send you or with the follow-up assistance offered here.

Limitations: As is the case with any databases this large, some errors are inevitable. Some firms are missed and specific information on others is lacking from the database. Not all information received is uniform or complete, resulting in the need to develop projection algorithms for specific industry segments and metrics in some report series. No representation is made as to the accuracy of the databases utilized or the results of subsequent analyses. Neither the BizMiner nor its resellers has undertaken independent primary research to confirm the accuracy of the data utilized in the Profile analyses. Neither the BizMiner nor its resellers are responsible for conclusions drawn or decisions made based upon this data or analysis. In no event will the BizMiner or its resellers be liable for any damages, direct, indirect, incidental or consequential resulting from the use of the information contained in BizMiner reports.

LICENSE TERMS OF SERVICE AND USE

BizMiner Commercial License Agreement and Terms of Service

BizMiner offers Commercial Licenses to businesses and individuals who plan to use BizMiner data in-house or in conjunction with value-added reports or projects for clients. Depending on your purchase, the Commercial License includes access to one or more of these BizMiner database licenses (Licensed Content) during the license period, subject to the use limitations of this Agreement:

Bizminer Commercial License pricing is based on the number of Users in your organization who will be accessing, analyzing, utilizing or viewing Licensed Content in direct or indirect formats, either in-house or with bona fide third-party end user clients as described below. Fourth-party end use is prohibited,

both inside and outside of your organization. This means that if a licensed user shares licensed content with another unlicensed person inside the organization, that content can go no further; for example, at that point it cannot be used, without an outside, fourth-party client viewer.

Each person in your organization who accesses, analyzes or utilizes Licensed Content is required to have a paid, authorized subscription. Contract employees are not authorized to access, analyze, utilize or view Licensed Content without special written permission of Bizminer. However, administrative personnel of your organization may access content for a professional of the licensing organization without being counted as user if they are not engaged in any review or analysis of Licensed Content.

Authorized users may access licensed content from no more than three devices. The concurrent use of multiple devices in a single user account is prohibited. Bizminer maintains the right to monitor device usage under this license: authorized users may be notified and required to electronically certify a change in authorized devices if a login attempt is made through an unauthorized device. Distribution of login data or Licensed Content to non-authorized persons or entities is prohibited and may be cause for the revocation of this license without refund at Bizminer’s sole discretion.

The Single User Commercial License fee secures the right of a single authorized user to access a limited number of reports within the License period as follows:

Bizminer recommends discussion of questions about limitations on access and use of Licensed Content prior to purchase, and may be contacted at 866-863-9853 during business hours (Eastern Time) or by email at http://www.bizminer.com/contact.php.

Permitted Use

The Commercial License is valid for in-house use by licensed individuals subject to the limitations on use detailed below. No other persons in the licensing organization or its contractors may access, analyze, utilize or review Licensed Content. Subject to the restrictions in the Limitations on Use section, licensed subscribers are permitted to utilize the content with bona fide third party end-user clients as part of significantly value-added reports or projects. For example, content may be included as part of a custom business plan, a custom valuation report individually developed and integrated by professional licensees for bona fide end user clients, or as part of a personalized financial review with counseling

conducted by an accountant or consultant. The number of clients or client entities to which permitted uses apply is not limited.

Access to Licensed Content is subject to the following restrictions:

Data Integrity: Reports and Lists

As is the case with any databases this large, some errors are inevitable. Some firms are missed and specific information on others is lacking from the database. Not all information received is uniform or complete, resulting in the need to develop projection algorithms for specific industry segments and metrics in some report series. No representation is made as to the accuracy of the databases utilized or the results of subsequent analyses. Licensor has not undertaken independent primary research to confirm the accuracy of the data utilized in the analyses. Licensor is not responsible for conclusions drawn or decisions made based upon this data or analysis. Content should not be utilized for the purposes of business or financial decision-making. In no event will Licensor be liable for any damages, direct, indirect, incidental or consequential resulting from the use of the information contained in the reports.

Where there is a reasonable question as to the accuracy of statistics presented data, Bizminer will make a reasonable effort to check the underlying data and assure that it has been reported or manipulated accurately. Licensor will make a good faith and reasonable effort to provide purchased list business contact information as received from raw business record providers and other sources, but in no event will Licensor be responsible for any errors or omissions in any such Lists, which inevitably contain an industry standard percentage of error.

Access to Reports and Optional Business Lists

Reports will be stored on the web site for 30 days after each report or list is selected. Licensee can login, access and download the Report and List as often as desired during that time. Licensee is strongly encouraged to download and save all Report and List content, which will be removed from the Licensee Authorized Users’ My Reports page after 30 days.

Termination and Cancellation

Subscriptions cannot be cancelled or revised once purchased, except at Licensor’s sole discretion. Bizminer reserves the right to cancel your subscription at any time and refund your cost. No refund will be due if these Terms are breached by you or a user acting on your behalf.

If your subscription expires, access to your account will be blocked. If you renew within 30 days of the expiration of a one-year subscription, or within 15 days of the expiration of a six-month subscription, and require access to already-loaded reports, your new subscription dates will be calculated from the end of your prior expiration date. If you do not renew within the specified periods for one-year or six month subscriptions, access will be permanently blocked and stored reports will be deleted from our system.

Breach of License

Misrepresentation of use of the Content or of the number of persons related to Licensee entity who will be accessing or utilizing Licensed Content constitutes a breach of the Terms of Service and may result in cancellation by Licensor without refund or credit as well as and recovery of damages by Licensor. Engaging in prohibited use or distribution of Licensed Content, constitutes a breach of the Terms of Service and will result in cancellation without refund or credit as well as recovery of by Licensor for damages caused by such prohibited use.

Licensee agrees that there are no other refunds on Bizminer reports or subscriptions. Fees are non-refundable whether or not reports are accessed during your Subscription period.

Warranties/Limitations

Content provided by the Licensor is offered on an “as is”, “as available” basis. Licensor warrants that it has the right to license the rights granted under this License to use the Licensed Materials. Licensor does not warrant the accuracy, completeness, timeliness of content, merchantability or fitness for a particular purpose of the information available through the IMR or Lists. Licensor shall not be liable to the Licensee or any Authorized User or anyone else for any loss or injury caused in whole or part by its negligence or compilation, interpretation, reporting or delivering the IMR or Lists or information contained in them. In no event will Licensor be liable to the Licensee or any Authorized User or anyone else for any decision

made or action taken by the Licensee or any Authorized User or anyone else in reliance on information contained in the Reports, or for direct, consequential, special or similar damages, even if advised of the possibility of such damages. The Licensee agrees that the liability of Licensor, if any, arising out of any kind of legal claim (whether in contract, tort, negligence or otherwise), in any connected with the service or the information in the service, shall not exceed the amount the licensee paid to Licensor for use of the License.

General

This Agreement contains the final and entire agreement between Licensor and Licensee and supersedes other verbal or written negotiations, understandings or agreements, until such time as modifications or amendments to the Agreement are mutually agreed to in writing and signed by the authorized representatives of both parties. The terms and conditions outlined in this Agreement override all online “click-through” agreements, any “click-wrap” agreements, any automatic update agreements, and any other agreement, of whatever kind, whereby users of the Software purport to enter into or accept contractual terms or conditions that are different from, or in addition to, this Agreement. Both parties’ rights and obligations of this Agreement are not assignable without prior written consent of the other party, which consent cannot be unreasonably withheld.

This Agreement is enforceable only against and by the parties who have executed it; the Agreement neither creates nor restricts rights in third parties. Further, if any provision of the Agreement provides that Licensee shall enforce the terms of this Agreement against third parties, or restricts the legal rights of third parties, such provision shall be void.

If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect.

Security: You are responsible for maintaining the security of your Subscriber username and password. You are responsible for activity and charges incurred by any persons using your username and password to log into your account. If you feel that your username and password has been compromised, it is your responsibility to change the username and password on your account immediately and contact Bizminer regarding any perceived unauthorized use.

Assignment and Venue: Your rights and obligations under this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania and any dispute arising out of this Agreement shall be filed in a court of competent jurisdiction in Cumberland County, Pennsylvania. The parties agree that Licensee, by agreeing to venue and jurisdiction in Pennsylvania, is not waiving its sovereign immunity or other Eleventh Amendment rights. This provision shall survive termination of this Agreement.

Valuation Toolkit and Vestimates

You should not use Vestimates® or other tools in the Bizminer Valuation Toolkit in place of a valuation. Bizminer does not suggest using Vestimates® or the Toolkit as the basis of any specific business-related or other financial transaction. You should not attempt to use a Vestimate® or other Valuation Toolkit elements to secure a business or personal loan. Our data sources may be incomplete or incorrect; nor

have we physically researched or inspected many important details necessary to the valuation of a specific enterprise. Neither the Vestimate® nor other Valuation Toolkit tools consider the market environment details nor the idiosyncrasies of a firm’s performance that can influence the actual value or selling price.

We encourage business buyers, sellers, owners and browsers to enhance their understanding of the value of any enterprise before making decisions or taking action. The Vestimate® and other Valuation Toolkit elements are modeled informational tools, not guides to action. For that we recommend obtaining an appraisal from a business broker, a valuation from a certified valuation professional, or both.

Business Prospect Lists and Company Insight File Restrictions

Business Prospect and Company Insight records and lists are not included in the License base price, but may be purchased in separate blocks. If purchased, you agree that business lists are for internal use only; or for use by a single third party end user client only if Licensee does not utilize the list in whole or part for any other internal or external purpose. Otherwise, distribution or sale of Prospect or Company Insight content in whole or part is prohibited. Some data may not available for some fields in every record; Lists and Company Insights may include reasonable amounts of dated or erroneous information.