Owner Terms of Service

Welcome, and thank you for considering Acquire Marketplace to explore a sale of your business. These Owner Terms of Service are a legally binding agreement between you and Buy Sell Hub LLC, doing business as Acquire Marketplace (“Acquire Marketplace,” “we,” “us,” or “our”), governing your use of our website at www.AcquireMarketplace.com and any related websites, hosted applications, and services we provide (collectively, the “Service”).

As used in these Terms, “you,” “Owner,” and “Seller” refer to a person or entity that uses the Service to seek buyers for a business. Buyers are subject to the separate Buyer Terms of Service.

1. Service Overview

Acquire Marketplace is a confidential marketplace for Collection Agency acquisitions and other accounts-receivable-management (ARM) businesses. We give owners considering a sale a place to present their business to buyers, investors, and operators evaluating acquisitions, and we route communications between the parties. We are not a party to any transaction between an Owner and a Buyer.

2. Eligibility

You must be at least 18 years old to use the Service. By accepting these Terms you represent and warrant that: (a) you are at least 18; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are using the Service on behalf of an entity, the individual accepting these Terms represents and warrants that they are authorized to bind that entity, and the entity agrees to be bound.

3. Accounts and Registration

To list a business you must register for an account and provide information such as your name, business information, email address, and phone number. You agree all information you provide is accurate, complete, and not misleading, and that you will keep it updated. You are solely responsible for safeguarding your credentials and for all activity under your account. If you believe your account has been compromised, notify us immediately at info@acquiremarketplace.com.

4. Listing Your Business

4.1 Submission and Accuracy

You choose what information to submit about your business. You represent that all information you submit — including financial statements, revenue and portfolio figures, client concentration, licensing status, and litigation or regulatory history — is accurate and not misleading in any material respect at the time of submission, and that you will promptly correct it if it becomes materially inaccurate while your listing is active.

4.2 Authority to Sell

You represent that you have the authority to offer the business for sale and that doing so does not breach any agreement binding on you, including any existing brokerage, listing, exclusivity, or investor agreement. If you are subject to an exclusive representation agreement with another party, it is your responsibility to resolve that before listing.

4.3 What Is Displayed and What Stays Private

Confidentiality is central to this Service. Under our Basic Service, only a limited subset of your submitted information is displayed to buyers; the remainder is held on file and used to facilitate a possible transaction. Contact details, the identity of your business, and detailed financials are not displayed publicly, and buyer communications are routed through Acquire Marketplace. We cannot, however, guarantee that a determined third party will not deduce your identity from information you choose to disclose, and we are not responsible for a Buyer’s breach of its own confidentiality obligations.

4.4 Placement

Basic Service listings appear in order of submission. Paid service tiers may receive preferential placement. Placement is not a representation about the quality, value, or salability of any business.

4.5 Withdrawing a Listing

You may withdraw your listing at any time by notifying us at info@acquiremarketplace.com. Withdrawal does not terminate obligations that survive under Sections 6, 7, 8, 15, 16, and 18, and does not affect a transaction already in progress with a Buyer introduced through the Service.

5. Fees

5.1 Listing Is Free

There is no charge to register as an Owner or to submit a Basic Service listing.

5.2 Optional Services

We offer optional paid services, such as Seller Assistance and Seller Consultation, to help you assemble your diligence package. Those are quoted based on scope and are governed by a separate written engagement between you and us. You owe nothing for an optional service unless you have accepted its fee in writing. Current tiers are described on our pricing page.

5.3 The Success Fee Is the Buyer’s Obligation

Under the Buyer Terms of Service, the Buyer — not the Owner — is responsible for paying Acquire Marketplace a Success Fee on a completed acquisition. Nothing in these Terms obligates you to pay a commission or success fee on the sale of your business. This does not relieve you of the notification duties in Section 6 or the non-circumvention obligations in Section 7.

6. Transaction Notifications

Because our compensation depends on knowing when a transaction happens, you agree to tell us when one does. Within 30 days of (a) entering into a definitive agreement during the Success Fee Window with a Buyer to purchase your business in whole or in part, and (b) closing that transaction, you will notify Acquire Marketplace of offer acceptance and closing (as applicable) by contacting info@acquiremarketplace.com.

The “Success Fee Window” has the meaning given in the Buyer Terms of Service: it begins on the first day of the Buyer’s first Subscription Period and ends on the 5-year anniversary of the last day of the Buyer’s most recent Subscription Period.

7. Non-Circumvention

You, including your employees, affiliates, directors, officers, and related parties, will not directly or indirectly take any action for the purpose of circumventing the Service or Acquire Marketplace so as to defeat the Success Fee owed by a Buyer introduced to you through the Service, including by moving negotiations off the Service, restructuring or re-papering a transaction, or routing it through an affiliate or nominee, in order to characterize the transaction as one not arising from the Service.

8. Confidentiality

Owners and Buyers may obtain non-public information about the other party’s business, financial affairs, systems, and intellectual property (“Confidential Information”). Where you receive Confidential Information through the Service, you agree to protect it, not to use or disclose it except as permitted, to disclose it only to those who need it and are bound by comparable obligations, and to return or destroy it on request. These obligations do not apply to information that is or becomes public through no fault of yours, that you already lawfully held, or that you are legally compelled to disclose, provided you give reasonable advance notice where lawful to do so.

9. Owner Content

You retain ownership of the information, documents, and materials you submit (“Owner Content”). You grant Acquire Marketplace a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display Owner Content solely as necessary to operate the Service, present your listing consistent with Section 4.3, and facilitate communications with prospective Buyers. That licence ends when you withdraw your listing, except for copies we must retain for legal, audit, or record-keeping purposes and for material already disclosed to a Buyer.

10. Communications

You agree that we may contact you about your listing, buyer interest, and the Service at the email address and phone number you provide, including by call and text message. Message frequency may vary and message and data rates may apply. To opt out of marketing calls and texts, email info@acquiremarketplace.com or reply STOP; to opt out of all calls and texts, reply STOPALL. Opting out of all messages may affect our ability to tell you about buyer interest.

Communications with prospective Buyers are routed through the Service. You agree not to solicit or provide direct contact details to a prospective Buyer outside the Service before we have introduced the parties, so that the confidentiality protections in Section 4.3 remain effective.

11. Owner Representations and Warranties

You represent and warrant that: (a) the information you submit is accurate and not misleading in any material respect; (b) you have the authority described in Section 4.2; (c) your business holds the licences and registrations required to conduct its operations, or you have disclosed any deficiency; (d) you have disclosed any material pending or threatened litigation, regulatory action, or consumer-protection enforcement affecting the business; and (e) your use of the Service complies with applicable law, including laws governing the handling of consumer information.

12. Prohibited Conduct

You will not: list a business you have no authority or genuine intention to sell; submit false, fabricated, or materially incomplete financial information; use the Service to harvest buyer identities, solicit buyers for unrelated offerings, or build a competing list; misrepresent your affiliation with any person or entity; scrape, probe, or interfere with the Service or its security; share or transfer your account access; or attempt any of the foregoing, or assist others in doing so.

13. No Brokerage, Advisory, Legal, Tax, or Valuation Advice

Except for the scope of any optional service you separately engage in writing under Section 5.2, Acquire Marketplace is a marketplace and information service. We do not act as your broker, agent, or fiduciary; we do not represent you in negotiations; and we do not provide legal, tax, accounting, valuation, investment, or securities advice. Even within a separately engaged service, we do not provide legal, tax or investment advice, and we do not become your fiduciary. Any information, template, checklist, data point, or estimate made available through the Service is for general informational purposes only and is not a valuation of your business or a recommendation to accept or reject any offer. You should retain your own legal, tax, and financial advisors before entering into any transaction. Decisions about whether to sell, to whom, and on what terms are yours alone.

14. Disclaimers; No Guarantee of Sale

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not guarantee that your business will attract any buyer, any offer, any particular price, or that any transaction will close. We do not verify, endorse, or vouch for any Buyer, and we do not conduct background, credit, or source-of-funds checks on Buyers unless we have expressly agreed to do so in writing. You are responsible for your own diligence on any counterparty.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACQUIRE MARKETPLACE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BUSINESS OPPORTUNITY, LOST GOODWILL, OR DIMINUTION IN THE VALUE OF YOUR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR OPTIONAL SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain of these limitations, in which case they apply to the maximum extent permitted.

16. Indemnification

You will indemnify, defend, and hold harmless Acquire Marketplace and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) information you submit that is inaccurate or misleading in a material respect; (c) your breach of Section 8; (d) any dispute between you and a Buyer, including any dispute arising from a transaction or attempted transaction; or (e) your violation of applicable law.

17. Term; Suspension; Termination

These Terms apply for as long as you use the Service. You may stop using the Service and withdraw your listing at any time under Section 4.5. We may suspend or terminate your access, or remove a listing, at any time — including where we reasonably believe information you submitted is materially inaccurate, where you breach these Terms, or where required by law. Sections 5.3, 6, 7, 8, 9 (as to material already disclosed), 11, 13, 14, 15, 16, 18, and 19 survive termination.

18. Dispute Resolution and Arbitration

18.1 No Jury Trial

You and Acquire Marketplace understand and agree that by entering into these Terms, each waives the right to a trial by jury, and disputes will be resolved through arbitration as provided here.

18.2 No Class Actions

You and Acquire Marketplace agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate claims or preside over any representative proceeding.

18.3 Arbitration

Any dispute, claim, or controversy between you and Acquire Marketplace arising out of or relating to these Terms, whether in contract, tort, or otherwise (collectively, “Disputes”), will be finally and conclusively resolved by a confidential, binding arbitration administered by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, before a single arbitrator selected in accordance with those rules. The arbitration will take place in Cleveland, Ohio, or another location within the State of Ohio mutually agreed by the parties, and will be conducted in English. Judgment on the arbitrator’s award may be entered in any court with jurisdiction over the parties or their assets. You and Acquire Marketplace will split the arbitrator’s fees equally, and each party will bear its own attorneys’ fees and other costs, except as otherwise required by applicable law.

18.4 Exceptions

Either party may seek injunctive or other equitable relief in court to protect Confidential Information or intellectual property, and either party may bring an individual claim in small-claims court if it qualifies.

19. General

19.1 Governing Law

Except for the arbitration requirements in Section 18, these Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. You and Acquire Marketplace consent to the personal and exclusive jurisdiction of the state courts located in Geauga County, Ohio, and the federal courts for the Northern District of Ohio, for any lawsuit or court proceeding permitted under these Terms, and you waive any objection based on inconvenient forum.

19.2 Privacy Policy

Please read the Acquire Marketplace Privacy Policy for information about how we collect, use, store, and disclose personal information. It is incorporated into these Terms by reference.

19.3 Changes to These Terms

We may modify these Terms. If we make material changes, we will update the “Last Updated” date above and, where appropriate, notify you. Continued use of the Service after changes take effect constitutes acceptance.

19.4 Assignment; Severability; Entire Agreement

You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. If any provision is held unenforceable, the remainder stays in effect. These Terms, together with the Privacy Policy and any separate written engagement for optional services, are the entire agreement between you and us regarding the Service as it relates to Owners, and supersede any prior understanding on that subject. Our failure to enforce a provision is not a waiver of it.

20. Contact Information