Terms Of Use

Last updated: April 15, 2019

Introduction

DealRockit's Website is a unique, marketplace platform that distributes information and provides interaction among buyers, sellers, investors, capital seekers and service providers. DealRockit connects those interested in efficiently transitioning in or out of business ownership positions with the professionals capable of facilitating the process through the services offered on DealRockit's Website ("Services"). The terms "We", "we", "Our", "our" and "us" all refer to DealRockit. The terms "You", "you", "Your" and "your" all refer to a user of DealRockit's Website.

We act as a hosting service, maintaining the infrastructure and organizational framework of our platform. We are not a brokerage or a securities exchange; we are a platform connecting those interested in transitioning in/out of business ownership positions with the professionals capable of facilitating the process. We do not provide and are not a substitute for legal, financial or due diligence advice and services. As such, each member or user is fully responsible for hiring and using his/her/its own professionals and advisors, conducting his/her/its own due diligence, and making his/her/its own analysis and business decisions independently of DealRockit.

We do not recommend or endorse any firm, individual, listing or opportunity appearing on our Website, advertisements, e-mails, newsletters, or any other medium. We make no representations as to the truth, accuracy, or completeness of any information regarding, or the suitability of, any opportunity, listing, or Service. We have no fiduciary or other obligations, or potential liabilities, to you. We are not responsible for ensuring compliance with applicable laws regarding the purchase or sale of any business, product, service, or sale of any kind, including securities, and you should always consult with your legal and financial advisors.

General Terms

By using the Website, you are agreeing to DealRockit's Terms of Use and Privacy Policy for as long as you continue to use DealRockit's Website or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND THE PRIVACY POLICY IN THEIR ENTIRETY, DO NOT USE THE DEALROCKIT WEBSITE AND THE SERVICES PROVIDED THEREON. Also, if, at a later time, you decide you no longer agree to be bound by the Terms of Use and the Privacy Policy in their entirety, then do not use DealRockit's Website and the Services provided thereon from that point going forward.

THE TERMS OF USE SUPERCEDE ANY AND ALL OTHER TERMS, CONDITIONS AND AGREEMENTS INCLUDING ANY SUCH TERMS, CONDITIONS AND AGREEMENTS ATTEMPTED TO BE INTRODUCED BY YOUR PAYMENT OF SUBSCRIPTION FEES OR LISTING FEES.

You may not use any trademarks, trade names, service marks, copyrights or logos of DealRockit without the express, written consent of DealRockit. You acknowledge you have no ownership or license rights in and to any of such items.

The Terms of Use may be modified by us from time to time. Your continued use and access to the Services provided on this Website constitute your acceptance of any changes or revisions to the Terms of Use. You are highly encouraged to regularly review the Terms of Use for any changes or revisions as it is your responsibility to keep abreast of any such changes or revisions.

You accept the Services provided on DealRockit's Website "as is" and elect to use the Services at your own risk. Please note: The Services may contain inaccurate and possibly inappropriate or misleading information and data. DealRockit assumes no liability for any inaccurate, inappropriate or misleading information or data.

USE OF THE SERVICES INVOLVES A HIGH DEGREE OF RISK AND SHOULD BE UNDERTAKEN ONLY BY COMPANIES AND INDIVIDUALS WHOSE FINANCIAL RESOURCES ARE SUFFICIENT TO ASSUME THESE RISKS AND BEAR THE LOSSES POTENTIALLY ASSOCIATED WITH SUCH SERVICES.

Your use of, or participation in, certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

Membership

DealRockit is a membership-only community with five levels of memberships: Enterprise Member, Power Player Member, Individual Member, Sponsored Member, and Employee Member.

  • Enterprise Members are those firms or enterprises who have paid in and receive the highest level of DealRockit membership benefits.
  • Power Player Members are those firms or individuals who have paid in and receive the next highest level of DealRockit membership benefits.
  • Individual Members are those professionals or individuals who have paid in and receive customized DealRockit membership benefits.
  • Sponsored Members are (prospective) clients that have been invited by a Enterprise or Power Player Member to join DealRockit as a Sponsored Member at no charge.
  • Employee Members consist of all Enterprise or Power Player Member employees invited by the Enterprise or Power Player Member to join DealRockit at no charge.

Membership includes the following Privileges:

Listing Privileges

All Members are eligible to list singularly on all marketplaces with the following exceptions:

  • Funder Direct marketplace limits Employee Member listings to Buyers and Investors/Capital Providers only.
  • Private Deal Exchange is included in the Individual Membership but requires a Platinum Listing Upgrade for all other members to participate.
  • Business Services marketplace is an exclusive marketing and listing service for Enterprise and Power Player Members only.

Joining Privileges

Join button communications are available to those Members who list and join on DealTeams as seekers or owners. Members are eligible to join the following number of DealTeams:

  • Enterprise and Power Player Members have unlimited join DealTeams privileges.
  • Employee Members have twelve combined join DealTeams privileges.
  • Individual and Sponsored Members have six join DealTeams privileges.

Connecting Privileges

  • Connect button communications are available to those Members who list on Private Deal Exchange and Funder Direct marketplaces.

Matching Privileges

  • "Advanced Match" permits all Members full participation.
  • "My Matches" is open to all Members who list on one or more of the marketplace platforms. Thus, for example, if a Member does not list on the Funder Direct marketplace, then he/she/it will not be eligible to use "My Matches" on the Funder Direct marketplace until he/she/it lists on that marketplace too.

Membership and Listing Fees

Membership Fees

DealRockit is a membership-only community with two membership tiers:

Invited and Paid.

Invited membership fees include:

  • $0 Invited Sponsored Members
  • $0 Invited Employee Members
  • $0 Invited Power Player Members

Paid memberships include the following Subscription Fees:

  • $100 month/$1200 annually or $999 with annual payment Individual (1 named Player)
  • $250 month/$3000 annually or $2499 with annual payment Power Player (1 named Player and up to 20 named Sponsored Member invitees)
  • $500 month/$6000 annually or $4999 with annual payment Power Player Plus (Up to 10 named Players and 200 named Sponsored Member invitees)
  • $850 month/$10,200 annually or $8499 with annual payment Power Player Premium (Unlimited number of Players in an office location and unlimited Sponsored Member invitees originating from that office location)
  • Enterprise subscription fees are not published

Subscription Fees are annual and are paid either monthly or annually. We include 2 months free as an incentive for those subscribers that pay annually. Subscription Fees are not refundable and are due and payable prior to use.

Listing Fees

Each of the marketplaces has 3 levels of Listing Fees, each of which cover a 4-week period and are due and payable prior to use. Listing Fees are not refundable.

  • Standard is $0 for each 4-week period.
  • Premium is $40 for each 4-week period (includes higher match results placement than Standard listings).
  • Platinum is $50 for each 4-week period (includes highest match results placement and 1 listing on the Private Deal Exchange marketplace).

Accepted Payment Methods

For community safety, we do not store your credit card or any payment information. We strive to make the payment process easy and safer without having to store your credit card and payment information. For direct payments, we accept payment through ACH, e-check, wire transfers, check, and other direct payment options.

Restrictions on Use

You may not use the Services provided by DealRockit through this Website for any illegal purpose, including the violation of any law or regulation.

You may not impersonate any individual or misrepresent your affiliation with any person or entity.

You may not use the Services in any manner that is inconsistent with the Terms of Use.

You agree to use the Services solely for your own or your employer's use and benefit, and not use the Services for the benefit of any other person or entity. You agree not to copy, reproduce, publish, display, modify or create derivative works from any content on this Website.

You may not copy, reproduce, decompile, disassemble, decode, reverse engineer, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way exploit any of the Services provided on this Website, except that you may make print copies of Website pages for your own or your employer's internal business uses as an appropriate use of the Services, provided that you retain all copyright and other proprietary notices on those Website pages.

You may not redistribute or publish any Website pages, material or content included in the Services without DealRockit's prior written consent.

You may not offer any part of the Services for sale to third parties.

You may not use the Services and the information contained on the Website pages, material and content to construct a database of any kind.

You may not input, distribute, upload, post, email, transmit or otherwise make available to third parties any Website pages, material or content assessed through the Service.

You may not add content to the Website that is false, inaccurate, misleading, abusive, harassing, tortious, lewd, defamatory, vulgar, obscene, libelous, invasive of another's privacy, sexist, phobic, hateful, promoting illegal activity or ethnically, racially, sexually or otherwise objectionable. DealRockit, pursuant to its own judgment, may remove any such objectionable content without your consent or prior notice.

You may not introduce software viruses or any other code that impairs, interrupts or destroys computer functionality or causes damage to the Website.

Warranty Disclaimer and Limitation of Liability

DEALROCKIT'S WEBSITE, CONTENT AND SERVICES PROVIDED THEREIN ARE PROVIDED "AS IS," ARE SUBJECT TO ERROR, MAY BE INTERRUPTED FOR PERIODS OF TIME AND ARE WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. DEALROCKIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THE DEALROCKIT WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.

IN NO EVENT WILL DEALROCKIT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF GOODWILL OR ANY LOSS DUE TO BUSINESS INTERRUPTION, NEGLIGENCE OR OTHER DAMAGES IN TORT, LOST PROFITS, COST OF COVER, CORRUPTION OR LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION) ARISING FROM OR RELATING TO USE OF OR THE INABILITY TO USE DEALROCKIT'S WEBSITE, CONTENT OR SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF DEALROCKIT HAS BEEN ADVISED IT COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND DISCLAIMERS APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF, FOR WHATEVER REASON, ANY OF THE AFOREMENTIONED LIMITATIONS ARE NOT ENFORCEABLE, IN NO EVENT WILL DEALROCKIT'S TOTAL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE DEALROCKIT'S WEBSITE, CONTENT OR SERVICES EXCEED (1) THE AMOUNTS YOU HAVE PAID TO DEALROCKIT FOR USE OF DEALROCKIT'S WEBSITE, CONTENT AND SERVICES IN THE YEAR PRIOR TO YOUR CLAIM FOR MONETARY DAMAGES OR (2) ONE HUNDRED DOLLARS ($100) IF YOU DID NOT MAKE ANY MONETARY PAYMENTS TO DEALROCKIT IN THE YEAR PRIOR TO ANY CLAIM FOR MONETARY DAMAGES, AS APPLICABLE. IN ADDITION, IF MEMBERSHIP COVERS MULTIPLE OFFICE LOCATIONS, DEALROCKIT'S TOTAL LIABILITY FOR DAMAGES WILL NOT EXCEED A PRORATED AMOUNT PAID IN THE PRIOR YEAR FOR THOSE OFFICE LOCATIONS THAT ARE COVERED BY THE CLAIM.

BY USING DEALROCKIT'S WEBSITE, YOU AGREE THAT THE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE REASONABLE.

Indemnification

You will indemnify and hold DealRockit (and its officers, directors, agents and employees) harmless from and against any loss, expense, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) made by any third party due to or arising out of your breach of the Terms of Use.

Breach of the Terms of Use

If you breach the Terms of Use in any manner, or we reasonably suspect that you have breached the Terms of Use, we may send you one or more formal warning of such breach, temporarily suspend your access to the Website, permanently prohibit your access to the Website, block your IP Address from accessing the Website, contact your Internet service provider and request that it block access to the Website, and/or bring a lawsuit against you for breach of the Terms of Use and any other cause of action that may apply.

Notice and Waiver

You must notify DealRockit concerning any billing issue, dispute or discrepancy ("Dispute") within thirty (30) days after payment for Services. In addition, you must notify DealRockit concerning any Services issue ("Issue") within ten (10) days of your learning of the Issue. ALL NOTIFICATIONS MUST BE MADE BY CLICKING THE "CONTACT" BUTTON AT THE BOTTOM OF DEALROCKIT'S WEBSITE HOMEPAGE TO BE LINKED TO A "CONTACT FORM" AND FILLING OUT THE REQUESTED INFORMATION IN THAT CONTACT FORM. If you do not notify DealRockit of such Dispute or Issue within the requisite time period, you agree to waive your right to raise the Dispute or Issue, as applicable.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of Illinois, without giving effect to its choice of laws rules. The parties hereto submit to the jurisdiction of federal and state courts of Cook County, Illinois for all purposes hereof. If any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, then such provision shall be excised from these Terms of Use and the remaining provisions shall remain in full force and effect. No failure or delay by DealRockit in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege here under.

Changes to Terms of Use

We reserve the right to change the Terms of Use at any time in our discretion. Notice of the changes will be provided by our posting on this Website an updated version of the Terms of Use with the date of the updated version. Changes to the Terms of Use will be effective as of the date we post them, unless we specify a different effective date. Your continued use of this Website, its content or the Services after the posting of revisions to the Terms of Use will constitute your acceptance of such revisions. If you do not agree to a revision, then do not use the DealRockit Website, its content and the Services from that point going forward.