Terms & Conditions (Terms of Use)
Main Street Mergers & Acquisitions, LLC
Effective Date: January 1, 2025
These Terms & Conditions (“Terms”) govern your access to and use of the website operated by Main Street Mergers & Acquisitions, LLC (“MSM&A,” “we,” “us,” or “our”), including all content, communications, forms, listings, and services made available through the website (collectively, the “Site” and “Services”).
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site.
1. Informational Purpose Only – No Professional Advice
The information provided on this Site is for general informational purposes only. Nothing on this Site constitutes legal, tax, accounting, investment, securities, or other professional advice. You should consult your own qualified advisors before making any business, financial, or legal decisions.
2. No Offer or Solicitation
Nothing on this Site constitutes an offer to sell or a solicitation to buy securities, franchises, or investment products. MSM&A does not provide investment advice, and no content on this Site should be interpreted as such.
3. No Broker-Client Relationship Created by Website Use
Use of this Site, submission of forms, or communication with MSM&A does not create a broker-client, agency, fiduciary, or advisory relationship. Any formal relationship will exist only upon execution of a written agreement signed by MSM&A.
4. Accuracy of Information; No Verification
Information on the Site, including business listings, financial summaries, projections, and descriptions, may be provided by sellers, buyers, franchisors, lenders, or other third parties.
MSM&A does not independently verify, audit, or authenticate such information unless expressly agreed to in writing. All information is provided “as is,” and MSM&A makes no representations or warranties regarding accuracy or completeness.
5. Buyer Acknowledgements and Obligations
If you are a buyer or prospective buyer, you agree that:
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Confidential information may be provided only after execution of a Non-Disclosure Agreement.
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All confidential information is to be used solely for evaluating a potential transaction.
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You will not contact sellers, employees, customers, landlords, vendors, or other related parties without MSM&A’s prior written consent.
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You will not circumvent MSM&A by attempting to negotiate directly with a seller introduced through MSM&A.
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You are solely responsible for conducting your own independent due diligence.
6. Seller Acknowledgements and Obligations
If you are a seller or represent a seller, you represent that:
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You have authority to provide information and pursue a potential transaction.
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Information you provide is accurate to the best of your knowledge.
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You are responsible for compliance with all legal, contractual, and regulatory obligations related to your business.
7. Due Diligence Responsibility and Risk Allocation
You acknowledge and agree that:
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You are solely responsible for conducting independent due diligence, inspections, and verification of all information related to any transaction.
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MSM&A has no obligation to investigate or discover undisclosed issues, including but not limited to undisclosed liabilities, legal disputes, regulatory violations, tax matters, employee issues, environmental conditions, or financial irregularities.
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Business transactions inherently involve risk, including the risk of inaccurate, incomplete, misleading, or fraudulent information provided by third parties.
8. Misrepresentations, Omissions, and Fraud
To the maximum extent permitted by law, MSM&A shall not be liable for any loss, damage, claim, or expense arising from or related to:
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Misrepresentations or omissions by sellers, buyers, franchisors, lenders, or other third parties
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Undisclosed liabilities or material facts
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Inaccurate financial records or projections
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Fraudulent acts or concealment by any party other than MSM&A
You agree that reliance on third-party information is at your own risk.
9. No Guarantee of Transaction or Outcome
MSM&A does not guarantee that any transaction will close, that financing will be obtained, or that any particular outcome or valuation will be achieved.
10. Third-Party Professionals
MSM&A may refer or coordinate with attorneys, accountants, lenders, franchisors, inspectors, or other professionals. These parties are independent, and MSM&A is not responsible for their advice, actions, omissions, or fees.
11. Intellectual Property
All content on the Site, including text, graphics, logos, and layout, is owned by MSM&A or its licensors and may not be copied, reproduced, or distributed without written permission.
12. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MSM&A DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
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MSM&A SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF OPPORTUNITY.
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MSM&A’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF $100 OR THE FEES PAID TO MSM&A BY THE CLAIMING PARTY IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to indemnify and hold harmless MSM&A from any claims, damages, losses, or expenses arising from your use of the Site, your submissions, or your violation of these Terms.
15. Mandatory Arbitration and Class Action Waiver
Any dispute arising out of or relating to these Terms, the Site, the Services, or any transaction-related dealings shall be resolved by binding arbitration administered by the American Arbitration Association. Arbitration shall take place in Franklin County, Ohio.
You and MSM&A agree to bring claims only in an individual capacity and waive any right to participate in a class action, collective action, or representative proceeding.
Either party may bring an individual claim in small claims court if eligible.
MSM&A may seek injunctive relief in court to protect confidential information or enforce non-circumvention obligations.
16. Jury Trial Waiver
To the maximum extent permitted by law, you waive any right to a trial by jury.
17. Governing Law
These Terms are governed by the laws of the State of Ohio. Venue for any permitted court action shall be Franklin County, Ohio.
18. Privacy Policy
Your use of the Site is also governed by our Privacy Policy.
19. Modifications
MSM&A may update these Terms at any time. Continued use of the Site constitutes acceptance of the updated Terms.
20. Contact Information
Main Street Mergers & Acquisitions, LLC
Columbus, Ohio
Email: info@mainstreetmergers.com