Introduction
Welcome to eCashflow Acquisitions ("Company", "we", "our", "us"). This Privacy Policy describes how we collect, use, disclose, and safeguard your information when you visit our website, www.ecashflowacquisitions.com (the "Site"). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.
Collection of Your Information
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data
Personally identifiable information, such as your name, email address and telephone number, and information such as your acquisition criteria, how much you are looking to invest into a business, etc... that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as responding to any of our deal flow correspondence.
Derivative Data
Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Financial Data
Financial information, such as data related to your acquisition criteria that we may collect when you request information about our services from the Site. We store only very limited, if any, financial information that we collect.
Data from Social Networks
User information from social networking sites, such as Facebook, Google+, Instagram, LinkedIn, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.
Mobile Device Data
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Use of Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
- Create and manage your account in our CRM.
- Process your inquiries regarding any opportunities we are working on.
- Email you regarding your inquiries.
- Deliver targeted advertising, newsletters, and other information regarding promotions, new and updated deals, and the Site to you.
- Fulfill and manage other transactions and correspondence related to the Site.
- Generate a personal profile about you to make future correspondence and visits to the Site more personalized.
- Increase the efficiency and operation of the Site.
- Monitor and analyze usage and trends to improve your experience with the Site.
- Notify you of updates to the Site.
- Offer new products, services, and/or recommendations to you.
- Perform other business activities as needed.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Request feedback and contact you about your use of the Site.
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- Send you a newsletter.
- Solicit support for the Site.
Disclosure of Your Information
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law. By submitting your information on our Site or any affiliated listing site of ours, you are authorizing Us to send you correspondence about opportunities we are working on. You can opt-out of those communications at any time by emailing scott@ecashflowacquisitions.com.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies to provide advertisements about goods and services of interest to you.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services, or promotions.
Social Media Contacts
If you connect to the Site through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
Security of Your Information
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.
Policy for Minors
We do not knowingly solicit information from or market to anyone under the age of 18. If we learn that we have collected personal information from a minor under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a minor under 18, please contact us at scott@ecashflowacquisitions.com.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy
Businesses You Find Through Our Site
We post an aggregated deal flow list in which the acquisition targets come from many different private and public sources. We represent the Seller directly on some of these businesses, and are serving as a buy-side intermediary on other businesses that are exclusively listed with another sell-side broker/intermediary. Regardless if We are serving as a sell-side advisor or if the Business is being represented exclusively by a sell-side advisor and We are serving as a buy-side intermediary to bring qualified Buyers to the deal, all Buyers must sign our Master NDA Agreement in order to view further details on any business on our Site. Certain businesses may also require a separate NDA be signed be signed by the sell-side advisor as well.
Confidential and Proprietary Information
When you request information regarding a Business from Us, all of the information provided regarding a Business will be treated as proprietary and confidential. Unless We agree otherwise in writing, you will not disclose or reveal any confidential information received, including but not limited to, the URL(s) or any other identifying information of a Business, its financial information, marketing efforts, vendor relationships, keyword lists, traffic sources, source code or any other information received, for two (2) years from the date of the information being provided to You. You agree not to share this Information with any persons or entities, other than your employees or professionals who are directly participating in the evaluation of this information, and not for any purpose other than in connection with a potential acquisition. You acknowledge that you will be liable in the event that any person or entity you share the information with violates the terms of this Agreement.
Fair Use of Information
When you request information regarding a Business, the information provided to you is to be used solely to evaluate whether you wish to acquire the assets of the Business. YOU AGREE NOT TO USE THIS INFORMATION AS A METHOD TO DISCOVER PROFITABLE NICHES, BUSINESS IDEAS, VENDOR RELATIONSHIPS, MARKETING METHODS, EMPLOYEES, CONTRACTORS OR OTHER INFORMATION WHICH MAY BE USED TO START UP A BUSINESS OR AID AN EXISTING BUSINESS IN COMPETITION WITH THE BUSINESS FOR SALE, AND ACKNOWLEDGE YOU CAN BE HELD LEGALLY LIABLE FOR DOING SO. YOU FURTHER AGREE NOT TO MAKE ANY DIRECT CONTACT WITH THE SELLER OF THE BUSINESS OR THEIR BROKER WITHOUT THE EXPRESS WRITTEN CONSENT OF ECFA. YOU AGREE NOT TO MAKE DIRECT CONTACT WITH THE SELLER’S EMPLOYEES, CONTRACTORS, VENDORS OR CUSTOMERS WITHOUT EXPRESS WRITTEN CONSENT OF THE SELLER.
Availability of Information
You agree that some Businesses, or their exclusive sell-side advisor, will require Us to verify proof of available funds before sharing information, and that if you cannot produce such proof, We will not be able to share information with you for that/those particular Business(es). This Agreement does not constitute a right to the information on all of the Businesses to which We have access. We and each individual Business maintains the right to refuse to provide the Information on any or all Businesses at their complete and sole discretion.
Destruction of Information
If you request information on a Business and decide that you do not wish to pursue the acquisition of any given Business, or if that Business sells to another buyer, or if one hundred eighty (180) days pass from the time you requested information and you have not made an offer which has been accepted by the Seller, then upon request of ECFA, you shall return to Us all copies of proprietary Information and/or destroy/delete any electronic information furnished to You, without keeping copies of it.
Non-Circumvention
You agree not to circumvent ECFA’s relationship with the Business in any way. You shall not make direct contact with any Business or any of the Business’s owners, authorized representatives or sell-side advisors, without first obtaining consent from Us in writing. Regardless of whether such consent is obtained from ECFA, you shall not enter into any contracts or agreements with the Business or its owners, including without limitation, letters of intent or purchase agreements, without the prior written consent of ECFA. ECFA is either acting as a sell-side intermediary or a buy-side intermediary on the Businesses We show You, and that information is listed on any post-NDA CIM that you request and We send to you.
Non-Warranty of Information
Although you understand that the Business has included in this proprietary information certain information considered relevant for the purpose of your investigation, We do not make any representation or warranty as to its accuracy or completeness. You are responsible for performing your own verification and due diligence on any Business we present to you and that you request Information on. You understand ECFA passes the Information from the Business to you without offering any opinion on its accuracy or completeness. ECFA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ECFA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Pass Through Entity
You recognize and agree that ECFA is an entity to which a Business may provide Information regarding the assets of their online business for sale. ECFA does not generate the information nor verify the information provided. All information provided is solely the responsibility of the Business. Furthermore, the decisions regarding the sale of the Business’s assets are solely the responsibility of the Business.
Opt-In
You agree that by submitting your email address to us via this Site or by any other means, you have voluntarily requested ECFA to send you updates about new Businesses as well as information about specific Businesses about which You inquire. You can opt-out of receiving Businesses from ECFA at any time with written notice by emailing scott@ecashflowacquisitions.com.
Laws and Ordinances
You agree that for any transaction you undertake with any Businesses presented by ECFA, that the deal will adhere to all local, state, national and international laws and ordinances and that You will indemnify and hold ECFA, its advisers, contractors, employees, successors, heirs and affiliates harmless from any actions resulting from failure to adhere to one or more laws.
Licensing
You understand that ECFA and its employees are not financial advisers, accountants, attorneys, real estate agents, or securities broker/dealers, and you will not construe them as such. You will hire any professionals you feel necessary to protect your interests in any transactions contemplated by this Agreement.
Arbitration
Any dispute arising out of or relating to this Agreement including the breach, termination or validity thereof shall be resolved pursuant to binding arbitration conducted in accordance with the commercial rules and procedures of AAA Arbitration. Any such arbitration hearings shall be conducted in Cuyahoga County, Ohio. Judgment on any arbitration award may be entered by any court having jurisdiction thereof. All Arbitration awards are binding and non-appealable, except as otherwise provided in the United States Arbitration Act.
Indemnification
You agree to indemnify, defend and hold harmless ECFA and its members, managers, officers, employees, representatives and agents from and against any and all claims, losses, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of Your breach of any covenant, promise, agreement, or term of this Agreement.
Limitation of Damages
IN NO EVENT WILL ECFA HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF YOUR REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. ECFA’S MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000.00).
Representation
You are entitled to and advised to retain your own lawyer, accountant, programmer, SEO specialist, ad agency, due diligence firm, adviser or any other party whom You feel will help You arrive at an educated decision regarding a Business. Should You choose to hire any such advisors to help You with your decision and/or due diligence, You will bear all the cost related to that person’s services.
Recognition of Risk
THE PURCHASE OF ANY BUSINESS, ENTITY, OR BUSINESS ASSET IS RISKY AND THE RISK INCLUDES THE POTENTIAL LOSS OF PRINCIPAL. YOU HEREBY ACKNOWLEDGE THAT YOU ARE AWARE OF THE RISKS OF THIS TYPE OF TRANSACTION, AND THAT YOU HAVE CHOSEN TO PROCEED DESPITE THOSE RISKS. YOU FURTHER ACKNOWLEDGE THAT ECFA DOES NOT PERFORM DUE DILIGENCE ON THE BUSINESSES IT PRESENTS TO YOU AND THAT ECFA PRESENTS INFORMATION AS IT WAS PRESENTED BY THE SELLER OF THE BUSINESS OR IT’S BROKER. YOU ARE RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE INVESTIGATIONS AND ARE ADVISED TO DO SO ON ALL DEALS. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE PERFORMANCE.
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