1. The content and information displayed on this website ("LiquorLicenseAuctioneers.com”) is the property of Liquor License Auctioneers and is collectively referred to as (“Liquor License Auctioneers Information”, “Auctioneers”, “we”, “our” or “us”). The downloading, reproduction, or retransmission of Liquor License Auctioneers Information, other than for non-commercial individual use, is strictly prohibited.
2. By using the website you are accepting all the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use the site. We reserve the right, at our discretion, to change and or modify portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.
3. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working order of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without prior express consent, in each instance, from an authorized Auctioneers representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this site).
4. You agree that you will make only legitimate listings and inquires in good faith for use by you, and if you are a business broker, consultant or finder, for your legitimate and bonafide clients only, and not for other purposes, including without limitation, reselling, impermissibly assigning or postings, statements, warranties, representations or guarantees of any type, whether or not in anticipation of demand for a specific type of alcoholic beverage license, a specific listing or auction.
5. Auctioneers’ website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Auctioneers and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Auctioneers and/or other parties is granted to or conferred, expressly or impliedly, upon you.
6.This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site (“access codes”). The content contained in such restricted areas is confidential to Auctioneers and/or other users of this site, and is provided to you for your personal or business use only, which includes reviewing specific alcoholic beverage license auction, sale and/or pending escrow documents and information, and paying required fees and costs in connection with a pending sale of an alcoholic beverage license and/or related pending escrow, through the use of PayPal or other electronic means for the transfer of funds. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our site’s operation or results in commercial benefits to other entities to our detriment, or may compromise any personal information you have provided to us through the use of our site.
7. To the maximum extent permitted by law, all Liquor License Auctioneers information is provided “As Is” without warranty of any kind, either express or Implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. As may be applicable, this does not affect our liability for death or personal injury arising from our negligence, nor our liability for our intentional fraudulent material misrepresentation or our intentional material misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Does Liquor License Auctioneers, Inc., make any representation or warranty to the seller or the buyer, whether express or implied, concerning the successful transfer of any alcoholic beverage license(s)?
No. The undersigned Seller/Transferor acknowledges that Liquor License Auctioneers, Inc., and its officers and employees, make no representations or warranties, whether express or implied, concerning the successful transfer of any alcoholic beverage license, and moreover, that all expressions relative thereto are matters of opinion only. The undersigned Seller/Transferor agrees to indemnify, defend, and hold harmless Liquor License Auctioneers, Inc., and its officers and employees, from and against any and all liability, costs, and expenses, including reasonable attorney's fees, incurred by Liquor License Auctioneers, Inc., and its officers and employees, as a result of the Seller/Transferor's failure to close the transaction provided for in the purchase and escrow agreement. In addition, the undersigned Seller/Transferor covenants not to prosecute any demand, claim or suit against Liquor License Auctioneers, Inc., and its officers and employees, as a result of the Buyer/Transferee failure to close the transaction.
No. The undersigned Buyer/Transferee acknowledges that Liquor License Auctioneers, Inc., and its officers and employees, make no representations or warranties, whether express or implied, concerning the successful transfer of any alcoholic beverage license, and moreover, that all expressions relative thereto are matters of opinion only. The undersigned Buyer/Transferee agrees to indemnify, defend, and hold harmless Liquor License Auctioneers, Inc., and its officers and employees, from and against any and all liability, costs, and expenses, including reasonable attorney's fees, incurred by Liquor License Auctioneers, Inc., and its officers and employees, as a result of the Buyer/Transferee's failure to close the transaction provided for in the purchase and escrow agreement. In addition, the undersigned Buyer/Transferee covenants not to prosecute any demand, claim or suit against Liquor License Auctioneers, Inc., and its officers and employees, as a result of the Seller/Transferor's failure to close the transaction.
9. With respect to all communications you make to Auctioneers regarding Liquor License Auctioneers Information including but not limited to alcoholic beverage license listings, auctions, escrows, feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and Auctioneers shall have no obligation to protect your communications from disclosure; (b) Auctioneers shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Auctioneers shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to the protection of your personal information.
10. License Auctioneers Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Auctioneers shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any transaction or information affected by such inaccuracies. Auctioneers reserves the right to make changes, corrections, cancellations and/or improvements to Liquor License Auctioneers Information, and to the listings, alcoholic beverage license information, auctions, escrows, services and programs described in such information, at any time without notice, including after confirmation of a transaction.
11. you are a business broker, consultant or finder, or authorized representative of a business broker, consultant or finder using this site the following may apply:
* Passwords- We may have provided you with a unique password so that access to information related to your brokerage, agency or business, and/or transactions, can be restricted to only those individuals to whom you provided the password. In such event, it is your responsibility to protect the confidentiality of the password. Auctioneers assume no liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever an agent, broker, consultant, finder or employee leaves your agency, brokerage or business, or you suspect that knowledge of the password is no longer limited to those that you have authorized.
* No Arrangements for Prohibited Persons-Auctioneers is a United States company and is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to use our website for any purpose, whatsoever, or at all, including, but not limited to, the listing of any alcoholic beverage license, the participating in any auction conducted on or through our website, the opening of any escrow for the sale or purchase of an alcoholic beverage license sought to be purchased or sold on or through our website, to pay or receive any funds in connection with any of the foregoing acts or transactions, or to use any services, whatsoever, of Auctioneers or a third party offered on our website.
12. The Auctioneers website contains information on services of Auctioneers and third parties, not all of which are available in every location. A reference to service of Auctioneers or a third party on our Auctioneers Internet site does not imply that such service is or will be available in your location. This statement is not intended to be a representation, either expressly or impliedly that Auctioneers’ website will or may list and/or auction alcoholic beverage licenses in any specific geographic location in which you may have a desire to purchase or sell and transfer an alcoholic beverage license.
13. If you choose to leave this Auctioneers site via links to other non-Auctioneers sites, including, but not limited to, those of advertisers or other commercial or business entities, Auctioneers is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Auctioneers has no control over such sites and resources, you acknowledge and agree that Auctioneers is not responsible for the availability of such external sites or resources, and does not endorse is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources, and that your navigation to and use of such sites or resources is done at your own risk.
14. This is a United States and State of California website and is subject to United States law and State of California law. Auctioneers will disclose any information regarding the use of this site including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to us, to our website, to users of our website or to participants in the alcoholic beverage license listing, auction or escrow services mentioned on our website, or to others.