Business Listing Form

Business Listing Form

The undersigned Buyer has requested certain Confidential Information from Smarter Mergers (hereinafter the “Intermediary”) regarding businesses represented by the Intermediary. The Buyer and Seller understand and accept the necessity that certain information which may be provided remains Confidential, and hereby agree to the following:

  1.  Disclosure of Confidential Information may be damaging to any business, especially in relation to its customers, employees and competition. Information regarding the finances, costs, past history, profitability, trade secrets and business plans, among other data, are considered Confidential Information.
  2.  Any Confidential information provided by the parties or any agent or associate of the parties will be held in the strictest confidence, and may not be revealed to any person, other than an attorney or accountant who shall also be bound by this Agreement, who has not signed a copy of this Confidentiality Agreement.
  3.  Buyer may not contact the Seller, employees or agents of the Seller, except through the Intermediary. Buyer will not interfere with the contract between the Intermediary and the Seller by attempting to make an offer or otherwise purchase the business without the assistance of the Intermediary. Should the Buyer own, lease, manage or otherwise control the business without the assistance of the Intermediary, the Buyer shall pay the Intermediary the fee which it otherwise would have earned from the Seller. If the Buyer elects to acquire the business utilizing the services of the Intermediary, all Intermediary’s fees will be paid by the Seller.
  4.  Intermediary makes no warranty, whether express or implied, with respect to the information provided on any business which it lists. The Intermediary is providing the information in good faith, and in reliance upon the representations of the Seller, but makes no independent effort to verify the information as accurate. The Parties agree to hold the Intermediary, its agents and affiliates, harmless for any inaccuracies in the information provided. The Buyer is encouraged to conduct a due diligence examination prior to purchasing any business, including an independent verification of any facts, figures, calculations and representations which may induce the Buyer to acquire said business. Intermediary is not an SEC registered stock broker and is representing sale of business assets only.
  5.  In the event the Buyer intends to enter into a Purchase Agreement with the Seller, Buyer agrees to provide financial statements to prove financial capacity to purchase said business. In the event financing is required, uyer further authorizes Seller or an agent to perform a credit check through any major credit reporting agency prior to the execution of a Purchase Agreement.
  6.  This agreement also applies to businesses and information provided through e-mail, web and facsimile.
  7. The Buyer and Seller have been informed, both verbally and in writing, of the details of the business buying process.

I acknowledge that I have read and understood the terms of this Agreement as detailed above, and that I am authorized to enter into this Agreement on behalf of the Buyer.