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Terms and Conditions of Service

These Terms and Conditions of Service (the “Terms”) govern the relationship between USA Smart Buys, LLC (referred to in these Terms as “Us,” “We,” “Our,” or “BZH”) and those who use or interact with the BizHound website hosted at www.bizhound.com, inclusive of the products and services offered by Us through the BizHound website (collectively referred to in these Terms as “BizHound” or the “Website”). These Terms include Our disclosures regarding Our collection and use of information obtained from BizHound (the “Privacy Policy”). The Privacy Policy is stated in full below and is also posted separately on the Website for ease and convenience of access.
Those who use, access, or interact with BizHound (referred to in these Terms as “Users”) should review these Terms carefully, as these Terms constitute a binding agreement under which Users may use, access, or interact with BizHound. By accessing and using the Website, you (“referred to in these Terms as “You” or “Your”) acknowledge that You have read, have understood, and do hereby agree to be bound by the Terms.
Users should direct any questions or concerns regarding these Terms to support@bizhound.com.
Acceptance and Modification of the Terms
To be a User and to use, access, or interact with the Website, you (“referred to in these Terms as “You” or “Your”) must read and agree to these Terms and any future amendments to these Terms. If any inconsistencies exist between Our other various policies or practices and these Terms, these Terms shall control. By becoming a User, You hereby acknowledge and agree that you have read and agreed to the terms, conditions, obligations, and duties contained in these Terms.
We may, at Our sole discretion, modify or revise these Terms at any time, and by continuing to be a User of the Website after such a modification or revision, You agree to be bound by such modification or revision, which shall become a part of the Terms. Upon making a modification or revision to these Terms, We agree to promptly post the modified or revised version on the Website.
If You do not accept and abide by the Terms, You may not be a User of the Website. You hereby acknowledge that the Terms are subject to change by Us at any time, effective upon notice to You, and that such notice to You shall be deemed to have been provided upon Our posting of the modified version of these Terms on the Website.
Consideration
You understand and agree that You and BZH have received adequate and reasonable consideration, inclusive of the mutual promises contained in these Terms, to enter into the agreement set forth by these Terms.
The Services
BizHound allows Users to use Our proprietary business calculator to obtain certain key information about a business, to view a scorecard evaluation of a business and its viability as a potential acquisition, and to explore a variety of estimates and market conditions by adjusting the User inputs to our proprietary business calculation (collectively, the “Services”).
Unregistered Users
At this time, You may become a User of the Website without registering with Us through the Website or elsewhere. Users who use or obtain the Services without registering with Us are “Unregistered Users.” You hereby agree that BZH may at any time and in its sole discretion restrict Unregistered Users from continuing to use or obtain some or all of the Services.
Registered Users
Users who elect to register with Us through the Website are “Registered Users.” Upon registering with Us, Registered Users will obtain specific login credentials to access the Website. If you choose to become a Registered User, You hereby agree:
  • Not to provide any false or misleading information to Us
  • Not to register for any person besides You, without permission
  • Not to create more than one User account
  • Not to attempt to become a Registered User again if We disable your User account, except with Our prior permission
  • Not to register if, at the time of registration, You are less than 18 years old
  • Not to share your User account or access credentials with any other person
  • Not to do anything that might reasonably jeopardize the security of Your User account and
  • Not to transfer Your User account or access credentials to any other person without Our prior permission.
You further agree to keep your User information up-to-date and accurate.
Proper Purpose
You represent, warrant, and agree that You may only be a User of the Website for a Proper Purpose. For the purposes of these Terms, a “Proper Purpose” shall be limited to obtaining information about businesses, viewing Our scorecard evaluation of businesses, and using the adjustable input tools on the Website to explore a variety of estimates and market conditions. You specifically acknowledge, represent and warrant to Us that, without limitation, the following do not constitute a Proper Purpose:
  • Distributing or sharing information in violation of any applicable law, including the United States Copyright Act;
  • Directing other persons, including both Users and non-Users, to take any action or commit any omission in violation of any applicable law, including the United States Copyright Act
  • Advertising or soliciting persons, including both Users and non-Users, to buy or sell any products or services;
  • Transmitting chain letters or junk email to Us or other persons, including both Users and non-Users;
  • Posting unauthorized commercial communications or spam on or through the Website;
  • Engaging in multi-level marketing, such as pyramid schemes, on or through the Website;
  • Collecting or attempting to collect the content or information of other Users without Our prior permission;
  • Accessing the Website using automated means, such as harvesting bots, robots, spiders, or scrapers), without Our prior permission;
  • Harassing or impersonating any person or entity;
  • Using any manual or automated device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Website;
  • Expressly stating or implying that any of Your communications or interactions within or about any business entity or other person have been endorsed by Us, without Our specific prior written consent;
  • Interfering with or disrupting the Website or any of Our servers or networks connected to the Website;
  • Distributing or reproducing, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • Using, removing, copying or distributing any of Our copyrights, trademarks or proprietary information;
  • Disguising the origin of any information transmitted through the Website, by falsely stating or implying that such information was not transmitted through the Website;
  • Disguising the origin of any information not transmitted through the Website as having been transmitted through the Website;
  • Attempting, either individually or in conjunction with others, to reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website;
  • Uploading to Us, emailing Us or otherwise transmitting any material to Us that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware;
  • Transmitting any information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Trying to bully, intimidate, or harass any other User;
  • Posting or transmitting content that constitutes hate speech, that threatens, that is pornographic, that incites violence, or that contains nudity or graphic or gratuitous violence;
  • Attempting to physically locate one or more other Users;
  • Posting or transmitting any person’s identification documents, personal identifying information or government-issued numbers, or financial information; and/or
  • Posting or transmitting any content that infringes or violates another person’s rights, including privacy rights.
Proprietary Rights
You represent and warrant to Us that You have the full right, title, and/or license to any documents, information, or data that you have submitted or intend to submit through Our Website in conjunction with You obtaining the Services, including the right, title, and/or license to upload documents, pictures, videos, recordings, images, and other submissions, whether originally in digital form or not. You specifically represent and warrant to Us that You will not use the Website to copy or distribute information, digital files, or data in contravention of any applicable law, including, without limitation, the United States Copyright Act. You hereby acknowledge, represent, and warrant that We have the right to remove any of Your User Submissions that do not comply with these Terms, including, but not limited to, any actions We may take in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”).
Except for that information which is in the public domain or for which You have been given express written permission, Your submissions to our Website will not contain any proprietary, private, or trade secret information belonging to any other person. By posting information, photographs, content, or other submissions on or through the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to copy such User submissions strictly for the purposes of maintaining backups and to distribute such User submissions to other Users of the Website or to Our employees or independent contractors.
Fees and Payment
At this time, We do not charge any fees to Users. We expressly reserve the right to charge fees in the future for Registered Users, Unregistered Users, or both.
Communications from Us
If You choose to become a Registered User, You hereby agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: system generated message notification emails and emails informing You of changes to the Website. You also agree to accept and consent to receiving emails informing You of promotions (“Promotional Emails”) from BZH or from third parties. You may opt out of Promotional Emails by following the “unsubscribe” instructions contained within each Promotional Email. If You choose to respond to promotions provided by third parties, You hereby expressly represent and warrant that BZH takes no responsibility for any actions or omissions from such third parties and that You are responsible in all respects for Your decision to respond to a promotion from a third party. You hereby acknowledge that such third parties may have terms and conditions and privacy policies that differ substantially from the Terms and that it is Your responsibility to review all aspects of your interactions with such third parties.
BZH Intellectual Property
All intellectual property rights in and to the Website are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same.
All other trademarks, logos, service marks, company or product names found in the Website are the property of their respective owners.
Privacy Policy
All information You provide to Us will be stored and maintained according to Our Privacy Policy currently in effect. Our Privacy Policy is attached to these Terms as Exhibit A and is expressly incorporated by reference herein so that the provisions of the Privacy Policy are an integral part of the Terms.
For convenience and ease of access, the most current version of Our Privacy Policy will be posted separately on the Website.
Termination
The Terms shall remain in full force and effect while You are a User. If You are a Registered User, You may terminate the agreement memorialized by the Terms at any time by canceling your registration and by ceasing and desisting any subsequent attempts to use, access, or interact with the Website. If You are an Unregistered User, You may terminate the agreement memorialized by the Terms at any time by ceasing and desisting any subsequent attempts to use, access, or interact with the Website.

Additional Terms and Conditions

Release of BZH
In the event that You have a dispute with another User or with any other person arising from or related to Your use of, access to, or interaction with the Website, You hereby release Us and Our principals, agents, employees, contractors, parents, subsidiaries, and affiliates from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Indemnification
You hereby agree that You will defend, indemnify, and hold Us and Our principals, agents, employees, contractors, parents, subsidiaries, and affiliates harmless, for any losses, costs, liabilities or expenses (including reasonable attorney’s fees and litigation costs) relating to or arising out of Your use of, access to, or interaction with the Website, including, but not limited to:
  • Any breach by You of the Terms
  • Any allegation that any of Your User submissions infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party
  • Any allegation that any of Your User submissions violates any other rights of any third party
  • Any allegation that any of Your User submissions violates any applicable laws or regulations
  • Any allegation that You have sought to circumvent or otherwise avoid compliance with any applicable law; and/or
  • Any investigation initiated by any government authority.
You hereby acknowledge and agree that this indemnification obligation shall apply without regard to the negligence of any party, including any indemnified party.
No Warranties
You expressly acknowledge and agree that We provide and maintain the Website on an “as is” basis and that We have not granted any warranties of any kind, express, implied, or statutory, with respect to the Website, the Services, or the content accessible to Users on the Website. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, We do not warrant that Your use of, access to, or interaction with the Website will be uninterrupted, always available, or error-free, or that the Website will meet Your requirements or that any defects in the Website will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
You expressly acknowledge and agree that We do not provide any professional advice or counseling related to or in connection with Your potential or actual acquisition of a business or business entity from any other person. You further expressly acknowledge and agree that You have not and will not rely on any information, data, or content You obtain through the Website when making any decisions about an actual or potential acquisition of a business or business entity from any other person, and instead, You acknowledge and agree that You will exclusively rely on You and Your attorneys, accountants, business brokers, agents, and other professional advisors and representatives when making any decisions about an actual or potential acquisition of a business or business entity from any other person.
Content Provided by Users or Others
Opinions, advice, statements, offers, or other information or content made available on or through the Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Website, and We neither adopt nor endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, document, or record made by any User or third party. Under no circumstances are We responsible for any loss or damage resulting from any person’s reliance on information or other content posted on or transmitted through the Website.
We reserve the right, but We have no obligation, to monitor User submissions posted on or transmitted through the Website by Users. We shall have the right to remove any User submission that, in our sole discretion, violates, or is alleged to violate, the law or these Terms. Notwithstanding this right, You remain solely responsible for the content of the User submissions You transmit through the Website.
Although each User must agree to abide by these Terms, We cannot and do not guarantee that each User is at least the required minimum age or has supplied accurate and truthful information, nor do We accept responsibility or liability for any content, communication, or other use or access of the Website in violation of these Terms. Also, it is possible that other Users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Website and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to improperly obtain personal information about You. Those others may use Your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on or through the Website. Please carefully select the type of information that You release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized persons appearing to be Users), whether such acts or omissions occur during the use of, access to, or interaction with the Website or whether such acts or omissions by such other Users constitute breaches of these Terms.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Limitation of Liability
In no event will We be liable to You or to any other person for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if We or our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in the Terms, our liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Us in connection with your use of or access to the Website or Our Services.
Dispute Resolution and Arbitration
The Terms are governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute arising out of the Terms or Your use of, access to, or interaction with the Website shall be adjudicated by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Orange County, California. In the event a court action is initiated in connection with the Terms or Your use of, access to, or interaction with the Website, You agree to personal jurisdiction and exclusive venue in the state and federal courts sitting in Orange County, California. The preceding sentence shall not be construed in any way as to limit the requirement that a dispute arising out of the Terms or Your use of, access to, or interaction with the Website be adjudicated by binding arbitration as set forth in this subparagraph.
Severability
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid, or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the Terms. In such case, the other provisions of the Terms shall remain in full force and effect.
Reservation of Rights to Use Information
We reserve the right to access, read, preserve, and disclose any information We reasonably believe is necessary to:
(a) satisfy any applicable law, legal process, or government request;
(b) enforce the Terms, including investigation of potential violations of the Terms;
(c) detect, prevent, or otherwise address fraud, security, or technical issues;
(d) respond to customer support requests;
(e) respond to claims that any content violates the rights of third parties;
(f) establish or exercise Our legal rights or defend against legal and/or equitable claims, or
(g) protect the rights, property, or safety of BZH, the Users, and the general public.
Technical Changes in Content
You understand and agree that in the technical processing and transmission of User submissions or other content by or through the Website, that such User submissions or other content may be transmitted over various networks and that these networks may modify, edit, or otherwise change content to conform and adapt to technical requirements of these networks’ software, hardware, and other equipment.
Interstate Commerce
You understand and agree that by using, accessing, or interacting with the Website, You will be causing communications to be sent over Our network and other various networks. As a result, communications that seem intrastate in nature can result in transmission of interstate communications regardless of where You or the receiving party are located at the time of transmission. As such, You acknowledge and agree that the use of, access to, or interaction with the Website results in interstate communications.
United States Export Controls
User submissions, software, and other content transmitted on or through the Website may also be subject to United States export controls. As such, no User submissions, software, or other content may be downloaded from the Website and then exported or re-exported
(i) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
(ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Miscellaneous
You hereby acknowledge and agree that there shall be no third party rights or third party beneficiaries created or conferred under the Terms.
The agreement memorialized by the Terms constitutes the complete and exclusive statement of agreement between You and Us with respect to the Website and other subject matter herein and replaces and supersedes all prior written and oral agreements, including prior versions of the Terms.
We may assign the agreement memorialized by the Terms, in whole or in part, at any time with or without notice to You. You understand and agree that You may not assign the agreement memorialized by the Terms, or any part or it, to any other person or entity. Any attempt by You to do so is void and unenforceable.
All headings herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of the Terms.
We reserve all rights not expressly granted to You.
These Terms were last updated on March 18, 2021.