Conditions of Use

The submission of information to, and use of, the business listing service ("Service") available through the ANA Brokers web site (located at http://www.anabrokers.com) is subject to the following terms and conditions. by submitting information to, or accessing information from, the Service, YOU, the end user customer ("Customer") agree to the following terms and conditions. These Terms and Conditions are a legal agreement between you and ANA Brokers, an operating division of AATH Brokers, Inc. ("ANA Brokers" or the "Company").

If you do not agree to these terms and conditions, please do not submit information to, or access information from, the service.

All questions concerning this Agreement should be directed to: General Manager, ANA Brokers, 12740 Hillcrest Road, Suite 265, Dallas, TX 75230. Company may update these terms and conditions at any time and without notice. Company reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Company's corporate web site at www.anabrokers.com

Disclaimer

ANA Brokers disclaims any responsibility for any actions taken as a result of the information displayed on any pages of the ANA Brokers websites.

Electronic Communications

As a registered user or by sending e-mail to the Company, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You hereby expressly agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Company will use commercially reasonable efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company will not knowingly share personal and/or email information with any third party.

License and Site Access

Customer licenses are granted by Company to individuals exclusively and are granted specifically to the registered member only. ANA Brokers grants you a limited license to access and make personal use of this site and not to download it (other than page caching) or modify it, or any portion of it, except with express written consent of ANA Brokers. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ANA Brokers or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ANA Brokers and protected by U.S. and international copyright laws. All software used on this site is the property of ANA Brokers or its software suppliers and protected by United States and international copyright laws. In addition, anabrokers.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of ANA Brokers in the U.S. and/or other countries. ANA Brokers' trademarks and trade dress may not be used in connection with any product or service that is not ANA Brokers', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ANA Brokers. All other trademarks not owned by ANA Brokers that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ANA Brokers.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ANA Brokers. Company requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the ANA Brokers system.

Customers are not permitted to share their individual logon information with others. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ANA Brokers reserves the right to refuse limit, suspend or terminate service and user accounts, prohibit access to our site and content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site in their sole discretion.

Listings

By listing an item, you assume full responsibility for the content of the listing and item offered. Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to ANA Brokers unless Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the Customer's website or on ANA Brokers website. Customer agrees not to submit any text or image to ANA Brokers which contains inappropriate content. The Company may, in its sole discretion but without any obligation to search for such, remove a business listing ("Business" or "Listing") that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.

Each listing purchased by Customer on ANA Brokers is permitted for the sale of one business opportunity/entity specified at the time of purchase. Individual listings may not be re-used or altered in any way in an attempt to sell a different business opportunity/entity. Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded and otherwise referred to by users of the Customer's website or the ANA Brokers website. The Company shall have the sole authority and absolute right to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and/or otherwise used on the ANA Brokers' website(s) and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement.

Customer (a) represents and warrants that all Businesses and associated information provided by Customer will be accurate; (b) will not permit anyone to post a business on the ANA Brokers system other than the named licensed business agents of a duly executed listing agreement with the owner; (c) agrees to administer the Listings provided by Customer and maintain their accuracy at all times. Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the ANA Brokers website. Company accepts no responsibility for checking or verifying the accuracy of reports or data files submitted by Customer. While Company shall take commercially reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to ANA Brokers.

Use of Information

Customer agrees to treat all information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Company. Unless otherwise indicated, you grant ANA Brokers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that the use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless ANA Brokers for any and all claims, causes of action, damages, and/or injuries resulting from content you supply. ANA Brokers takes no responsibility and assumes no liability for any content posted by you or any third party.

Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device.

Unsolicited Commercial Email (Spam)

Company prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Company has the right to revoke the privileges of any customer or company that breaches these terms.

Payment Terms

Customer agrees to pay for all products ordered through the ANA Brokers web site, or via ANA Brokers' client services personnel ("Client Services") using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of ANA Brokers products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for business listings and other products are not refundable. No partial month refunds will be provided. Customer may cancel their ANA Brokers product membership by contacting us via phone at 972-726-6000, or via email at sales@anabrokers.com. All cancellation requests will be processed within four (4) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Customers of any such changes. It is Customer's responsibility to promptly provide Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

Disclaimer of Warranties and Limitation of Liability

This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by the company on an "as is" and "as available" basis, unless otherwise specified in writing. the company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. you expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. the company does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from company are free of viruses or other harmful components. the company will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

In no event shall company be liable for any indirect, special, incidental or consequential damages (including without limitation, damages for loss of business profits, loss of business, loss of use or of data, or interruption of business) arising out of this agreement. Customer's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to Customer of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Company (and Company's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than Company which are beyond Company's control. Parties other than Company may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use ANA Brokers logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off of the ANA Broker site. Company does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not assume any liability for the actions, product, or content of any of these and any other third parties. Company makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the ANA Broker site, the site you will land on is not controlled by Company and different terms of use and privacy statements may apply. Company also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Miscellaneous

This Agreement, and the Deliverables provided by Company shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Dallas County, Texas. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Company, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to General Manager at Company.