By using the business listing service (the “Service”) available through IslandScout.com or any other similar website (the “Websites”), you agree to be bound by the following Terms of Use. The Service is owned, operated, or powered by Prime Marques, LLC. (“Company”).
By submitting information to or accessing information from the Service, you represent and warrant that you have the right, power, and authority to agree to these terms. These Terms of Use are a legal agreement between you (the “Customer” or “you”) and the Company (the “Agreement”).
If you do not agree to these Terms of Use, do not use the Service. If you have any questions regarding this Agreement, please contact the Island Scout General Manager at Prime Marques, LLC., 100 Carr 115, #787, Rincon, Puerto Rico 00677. The Company reserves the right to update these Terms of Use at any time and without notice.
GENERAL TERMS
Business Advertising Service
The Service is an online platform for advertising and searching for businesses, as well as a source of information. The Company is not involved in the direct sale of businesses and is not a party to any transaction between the business buyer and seller. As a result, the Company does not:
(a) guarantee or ensure the success of any business or transaction between the buyer and seller
(b) act as a business broker, loan broker, money transmitter, payment manager, debt collector, or credit reporting agency
(c) guarantee any results from using the Service
(d) broker or sell any businesses for sale on the Websites.
License Grant and Company’s Rights For the listings, content, and other information that the Customer submits through the Service (referred to as “Customer Content”), the Customer grants the Company, its affiliates, and their licensees a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, create derivative works from, modify, distribute, sell, and take any other action with respect to the Customer Content, either in whole or in part, worldwide. This includes the right to incorporate the Customer Content into other works in any form, media, or technology that is currently known or later developed. The license also includes the right for the Company to use and display the Customer Content provided by the Customer, or any modification thereof, on the Websites and other Company-affiliated or partner products and sites. The Company has sole authority to determine how any listing will be received, displayed, and used by the Service and reserves the right to remove any part of a listing or refuse Services to anyone at any time in its sole discretion. The Company has no obligation to:
- resolve disputes among users of the Service
- (ii) monitor or verify the accuracy or proper use of the listings.
The Company reserves the right to modify or change these Terms of Use at any time.
Company Communications
Email is a crucial form of communication that Company uses to stay in touch with its customers. By registering with the Service, you agree to receive communications from Company through email and other channels such as phone. These communications may include system updates, product news, service announcements, and marketing messages. Company will make a reasonable effort to comply with your request to opt-out of marketing messages. However, Company will always follow applicable laws related to opt-out requests and will not be held liable for sending any email to its registered customers. Company adheres to all relevant privacy laws when sharing any personal data with third parties.
Customer Permissions
Company grants exclusive privileges to registered customers only. These privileges cannot be transferred, shared, accessed, or used by anyone else without the written consent of Company. To access the Service, customers must have a valid email address and a password, which will be used to log into the Company system. Sharing logon information with others is strictly prohibited. Company reserves the right to refuse service to any customer who does not follow the Terms of Use or abuses their privileges.
Submission and Management of Listings
The customer agrees not to submit any Customer Content, including but not limited to photographs, financial information, contact details, or business opportunity details, through the Websites for advertising purposes unless they have obtained all necessary rights, consents, and authorizations from the relevant parties. This includes obtaining consent from photographers and/or copyright owners for any photographs submitted. The customer must not submit any image that contains false information, offensive content, or violates the terms of this agreement. The company reserves the right to remove any images that violate this provision.
The customer must ensure that all images submitted accurately represent the business opportunity and do not include broker logos, contact information, website addresses, phone numbers, or any other text or graphics. Only one listing for each business opportunity is allowed on the Company Websites, and it may not be edited or modified to sell a different business. The customer also agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and used by users of the customer’s website or the Company Websites. The company has the sole discretion to determine how the listing is searched, displayed, accessed, downloaded, copied, and used and may modify the listing in accordance with this agreement.
The customer represents and warrants that all business information provided will be accurate and they have obtained the necessary licensing, permits, and legal authority to market and sell the business in the locations advertised. The customer must not advertise a business under a name other than the business owner or the licensed business agents who have been engaged by the business owner. They must also maintain the accuracy of the listings provided and respond to all buyer inquiries within 72 business hours in a professional manner. The customer agrees to provide prospective buyers with the information needed to make an informed purchase decision.
To be advertised as an established business, the business must have been continuously operating for at least one year (two years for internet-based businesses), have an established customer base and revenue history, and have the ability to provide financial history information to qualified buyers. The company reserves the right to remove any or all of the listings posted on its website.
The company accepts no responsibility for verifying the accuracy of the reports or data files submitted by the customer. The customer is solely responsible for retaining backup copies of all information, photographs, and materials provided to the company. The company will make reasonable efforts to back up the data and ensure business resumption, but the customer must take their own backup measures.
Use of Information
All information obtained from the Service, including business listings, broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, 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. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service. Customer shall not access or use any portion of the Service if you are a direct or indirect competitor of Company, nor shall you provide, disclose or transmit any portion of the Service to any direct or indirect competitor of Company (by way of example, a “direct or indirect competitor” of Company includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Term and Termination of Subscriptions
The Company provides various subscriptions for its Service, with terms, renewals, and billing provisions as outlined below.
Basic Business Individual Listings: Single listing subscriptions can be purchased through the Island Scout website or through its sales team. Individual listings renew monthly and are charged at the current monthly rate until the customer cancels. Customers can cancel a listing at any time after the initial term but the cancellation will only take effect at the end of the current term. Customers must provide written notice of cancellation at least 10 business days prior to the end of the initial term or renewal month. The fees paid for the initial term or renewal month are non-refundable.
Business Plus Multiple Listings: Business brokers and Real Estate Agents can subscribe to the service, which includes a broker profile on the website and multiple listing options. Customers will be charged monthly. The membership will renew monthly for successive periods unless the customer provides written notice of non-renewal at least 10 business days before the end of the Initial Term or Renewal Term. Any additional Featured listing upgrades added to a membership are month-to-month and can be canceled with 10 business days’ advance notice.
Pro Pack Special Subscriptions: These can be purchased through the Island Scout website. These subscriptions are available in monthly terms. Monthly terms renew and bill each month unless the customer provides written notice of non-renewal 10 business days in advance. Monthly subscription cancellations are effective at the end of the monthly billing period, and no refunds will be given for partial months. Annual terms are billed at the start of the term for the full value of the term. Upon completion of the initial term (or renewal term), the customer can provide written notice of non-renewal 10 business days before the end of the current term. No refunds will be given for cancellations of partial monthly terms.
The Company reserves the right to terminate a customer’s membership at any time without prior notice. Reasons for termination may include, but are not limited to, violations of the Terms of Use, requests from law enforcement, inappropriate, controversial, fraudulent, or illegal activity, discontinuation or substantial modification of Company services, nonpayment of fees, account inactivity, or technical or security issues. Upon termination, the Company will not be obligated to maintain or forward any content in the customer’s account. The Company may also request additional evidence of compliance with this Agreement from customers who are suspected of submitting businesses or information in violation of this Agreement.
Payment Policy
The customer agrees to pay for all products and services ordered through the Company website or through the Company’s client services team (Client Services) using the payment method indicated, and gives the Company express authorization to charge the fees to their payment provider. The fees owed depend on the type and amount of the products, services, information, or other deliverables (collectively referred to as “Deliverables”) ordered.
Payment is due upon delivery of the ordered Deliverables and shall not be contingent on any other events. In case of delinquent or undisputed amounts, the customer will be responsible for paying any attorney fees, court costs, or other collection expenses incurred. If payment is not received, the Company may immediately stop delivering any Deliverables. Monthly subscription fees are non-refundable, regardless of whether the subscription is terminated before the end of the month or term, and fees for business listings and other products are also not refundable. No refunds will be provided for partial months or partial terms. To cancel a Company product membership, the customer must send an email to the Company islandscoutpr@gmail.com, and the cancellation will be processed within two business days, with a confirmation email sent to the email address on file. The product or membership will be deactivated at the end of the current billing term. The Company reserves the right to change its fees or billing methods at any time and will provide notice to affected customers in advance.
It is the customer’s responsibility to promptly notify the Company of any changes to their contact or billing information, including email address and credit card information. The customer must notify the Company of any billing problems, disputes, or discrepancies (referred to as “Disputes”) within 90 days after the charges appear on their account statement. Failure to notify the Company of a Dispute within 90 days will result in the customer waiving their right to dispute such issues.
Company Policy on Email Services and Unsolicited Commercial Email (Spam)
The use of Company’s system or tools for sending unsolicited commercial email (spam) is strictly prohibited. Customers must not use the email services provided by Company for sending spam or any content that violates these terms of use. The use of the listing contact form for promoting products or services to the listing broker or business owner is also not allowed. Company reserves the right to revoke the privileges of any customer who breaches these terms.
The email services provided by Company are intended for business use only. Customers should be aware that they have no expectation of privacy in their use of these services and that their use of the email services constitutes consent to the monitoring, retrieval, and disclosure of any information provided within the email service to third parties. Customer contact information supplied via the email services will be used by Company in accordance with its Privacy Statement.
Ownership of Website and Technology
Company retains all rights, title, and interest in the Websites and all underlying technology and data, including any enhancements and improvements made as a result of providing the Deliverables. Customers must not reverse engineer, decompile, disassemble, copy, use, disclose, sell, or transfer the underlying source code or structure or sequence of Company’s technology, and must not delete or alter author attributes or copyright notices. Customers must use the Company system only for their own use and not allow others to use it under their login ID/email and password. Additionally, customers must not use Company products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
Intellectual Property Rights
The term “Intellectual Property Rights” refers to all intellectual property rights (existing or created in the future) in all media and languages, throughout the world, for all versions and elements, for the entire duration of such rights, arising under statutory or common law, contract, or otherwise. This includes, but is not limited to: (a) all rights associated with works of authorship, such as copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) analogous rights to those set forth in this definition and any other proprietary rights related to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the above, as and to the extent applicable, that are now existing, later filed, issued, or acquired.
Liability Limitation and Indemnification
Under no circumstances shall the company be held responsible for any indirect, special, incidental, or consequential damages (such as, but not limited to, loss of business profits, business interruption, loss of use or data). The customer’s sole remedy and the company’s total liability for any reason under this agreement is a refund of the fees paid by the customer. The company (and its officers, directors, employees, and agents) shall not be liable for any damages resulting from the customer’s use of the deliverables, and the customer agrees to indemnify and hold the company (and its officers, directors, employees, and agents) harmless from any and all costs, damages, or losses (including reasonable attorney’s fees) incurred as a result of a claim made by a third party arising from the customer’s use or application of the services or deliverables.
Warranty Disclaimer
The company strives to provide accurate information, but the listings and services are provided “as is,” “with all faults,” and “as available.” The company does not endorse or recommend any company content that may arise from the service and the customer uses such content at their own risk. The company makes no promises, representations, or warranties, either express or implied, regarding the accuracy, operation, or conformity of the listings or services. The company specifically disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose and all local jurisdiction analogues to the above. Additionally, under the laws of the United States of America, the company also specifically disclaims the implied conditions of satisfactory quality and acceptance.
Links to External Websites
This website may contain links or forms that connect you to other websites that are operated by third-party entities and are not controlled by Company. Third-party entities may offer services or products that take you outside of Company’s jurisdiction. This can include links from sponsors, content partners, and advertisers who use Company’s logo as part of a co-branding partnership. For instance, clicking on a banner ad can redirect you away from Company’s site. Company does not have control over, does not evaluate, and does not guarantee the offerings of these businesses or individuals, or the content found on their websites. When you submit information through a form, it is delivered to another site, and Company cannot be held responsible for any inaccuracies, relevancy, legality, or decency of material on such third-party websites. Company also does not assume any liability for any viruses, malfunctions, or other issues caused by or connected to these third-party sites and their links.
Notifying Company of Copyright Infringements Company and its affiliates respect the intellectual property of others, and they request that those who post or transmit any content to or through Company’s services respect copyright law as well. If an individual or entity repeatedly submits infringing content, Company may restrict or terminate their ability to submit content or use Company’s services and any associated websites. If you believe that your work has been copied and is available on Company’s website or online services in a way that constitutes copyright infringement, you can notify Company in accordance with the requirements of the Digital Millennium Copyright Act (DMCA) and any other relevant laws. To reach Company’s designated agent under the DMCA, you can contact them by mail at Island Scout, 100 Carr 115, #787, Rincon, Puerto Rico 00677 (Attn: General Manager), by e-mail at islandscoutpr@gmail.com .
Miscellaneous
This Agreement, the Service 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 Austin, 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 of Use 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.