Brooks Pointe Terms and Conditions

Last Updated: 11-21-2024

Welcome to Brooks Pointe Corporation (the “Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of our website, www.brookspointe.com (the “Website”) and the services we provide related to business brokerage. By accessing or using our Website, you agree to comply with and be bound by these Terms, as well as our Privacy Policy.
If you do not agree to these Terms, please do not use the Website or our services.

1. Introduction

Brooks Pointe Corporation offers a range of services to help businesses buy, sell, and transition ownership. Our Website is an online platform that connects buyers and sellers of businesses, provides brokerage services, and offers resources for business owners.

2. Acceptance of Terms

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or that are available by hyperlink.
We reserve the right to modify or update these Terms at any time. The revised Terms will be posted on this page, and the effective date will be updated accordingly. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

3. Services

Our services include but are not limited to:
Business brokerage for buyers and sellers of businesses
Broker’s opinion of value services
Mergers and acquisitions advisory
Listing of businesses for sale
Market analysis and consultation
We do not guarantee the success of any transactions, and any agreements or contracts between parties must be negotiated and entered into independently.

4. User Responsibilities

By using the Website, you agree that:
You will provide accurate and truthful information when creating an account, listing a business for sale, or engaging with other users.
You are solely responsible for any content that you upload, post, or otherwise submit to the Website.
You will not engage in any illegal activity or infringe upon the rights of others.
You will not use the Website to transmit harmful, offensive, or malicious content, including viruses, malware, or spam.

5. Account Registration

To access certain features of our Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to maintain the confidentiality of your account credentials. You are responsible for all activities that occur under your account.
If you suspect that your account has been compromised, please contact us immediately at support@brookspointe.com.

6. Fees and Payments

Our fees for brokerage services, business listings, or any other paid services will be clearly stated on the Website or in specific agreements. Payment for services is due upon closing of an asset purchase agreement, and all transactions will be processed via wire transfer.
All fees are non-refundable unless otherwise specified.

7. Restrictions on Use

You agree not to:
Use the Website for any unlawful purpose or to violate any local, state, national, or international law.
Use the Website to solicit personal information, spam, or engage in fraudulent activities.
Interfere with or disrupt the operation of the Website, including introducing harmful code or attempting to gain unauthorized access to the Website or its systems.

8. Disclaimers

No Guarantee of Transactions: We do not guarantee that any business listed on our Website will be bought or sold, nor do we guarantee the accuracy or success of any transactions conducted through our Website.
Third-Party Links: Our Website may contain links to third-party websites. We are not responsible for the content, policies, or practices of these external sites.
Service Availability: We do not guarantee uninterrupted access to the Website and may suspend or discontinue services at any time without notice.

9. Limitation of Liability

To the fullest extent permitted by law, Brooks Pointe Corporation, its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or data loss, arising from your use of the Website or services, regardless of whether such damages are based on contract, tort, or other legal theories.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brooks Pointe Corporation and its affiliates, employees, agents, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Website or violation of these Terms.

11. Governing Law

These Terms and any disputes related to the Website or services shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising from or related to these Terms or your use of the Website will be resolved through binding arbitration in North Carolina. If a dispute cannot be resolved through arbitration, it will be brought before a competent court in North Carolina.

13. Termination

We reserve the right to suspend or terminate your access to the Website at any time for any reason, including for violations of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination will remain in effect.

14. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review the Privacy Policy here.

15. Contact Us

If you have any questions about these Terms or the services we provide, please contact us at:
Brooks Pointe Corporation
64 Marywood Drive Clayton, NC 27520
919.424.6080
support@brookspointe.com

16. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Brooks Pointe Corporation regarding your use of the Website.
Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force.
Waiver: The failure of Brooks Pointe Corporation to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

By using our Website, you acknowledge that you have read, understood, and agree to these Terms and Conditions.