Last updated on August 2, 2023
Please read these terms and conditions carefully before using Our Platform.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Platform or parts of our Platform.
Country refers to: United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Private Market Labs, Inc., 1418 Northridge Dr.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Platform such as a computer, a cell phone or a digital tablet.
Fee means a one-time, non-subscription charge levied in exchange for services available on the website.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Platform.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items or services offered for sale on the Platform.
Orders mean a request by You to purchase Goods from Us or sale of Goods.
Platform refers to this Website.
Promotions refer to contests, sweepstakes or other promotions offered through the Platform.
Service/Service Provider refers to work provided by any party selling Goods through the Platform and the party selling those Goods.
Subscriptions refer to the services or access to the Platform offered on a subscription basis by the Company to You.
Success Fee means a Fee specifically, levied on a transaction between a user and Service Provider.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Platform.
Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, integrated with, connected to, included in, or made available by the Platform.
Website refers to Private Market Labs, accessible from www.privatemarketlabs.com
You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.
These are the Terms and Conditions governing the use of the Platform and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.
Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform.
By accessing or using the Platform, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Platform.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Platform.
By placing an Order for Goods through the Platform, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating Our offerings of Goods on the Platform. The Goods available on Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Platform and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
We may, from time to time, offer Subscriptions for Goods on our Website. Availability of such Subscriptions is not guaranteed and Goods available are limited to what is described on the Website.
The Platform or some parts of the Platform may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Goods offered for sale by Private Market Labs on the Platform (such as saved matches) may be sold as part of a Subscription that includes a specific allocation (such as access to 50 saves).
Depending on the Subscription, some allocations provided through the platform may be time-limited (such as a monthly allocation of Goods). Goods provided through a time-limited allocation may only be used in the time period for which they were allocated. At the start of a new period, Your allocation of Goods will be reset, and any remaining Goods from the prior period’s allocation will no longer be accessible.
Goods purchased on a one-time basis (such as Goods purchased outside the context of a Subscription) will remain accessible for twelve months after purchase unless otherwise indicated.
You may cancel Your Subscription renewal either through Your Account page or by contacting the Company. You will not receive a refund for the payments You already made for Your current Subscription period and You will be able to access the Platform until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company may, in lieu of or in addition to a Subscription, offer services on our Website in exchange for a Fee assessed based on the service provided.
All Goods offered by Service Providers are subject to a one-time payment (or multiple one-time payments). Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
For each Order of Goods offered by a Service Provider on the Platform or through a Service Provider encountered on the Platform, the Company shall be entitled to receive a Success Fee calculated based on the price of each Order, including shipping and handling charges and any taxes. The Proceeds are exclusive of any tax or governmental charge required to be charged by the Company (except taxes based on the Company’s net income). The standard Success Fee shall be 20%. The Company reserves the exclusive right to negotiate a different Success Fee with Service Providers if it so chooses.
The Company will manage its payments through Stripe Connect. In order to receive payments through the Platform, Service Providers must sign up for Stripe Connect through their account page. Any fees associated with the use of Stripe Connect are the responsibility of the Company.
The Company is providing access to the Platform in exchange for payment. Agreeing to the Terms of Service represents agreement that the Company has exclusive right to capture Subscriptions and Fees associated with Your use of the Platform. The Service Provider alone is responsible for the Success Fee, and no one accessing the platform, including You, may attempt to bypass Private Market Labs in any way, or solicit, convince or advise a Service Provider to do so.
You agree that any sale of Goods offered on the Platform or through a Service Provider encountered on the Platform will be conducted via the Platform, and You will immediately notify Private Market Labs if a sale is not, or cannot be, conducted via the Platform. In any event, the Parties agree that Private Market Labs shall be entitled to receive, without limitation of other remedies, the Success Fee for any relevant Order, regardless of whether such sale is conducted via the Platform, or not. To that end, You agree to provide, at the Company’s request, any information or record to ensure the fulfillment of the Terms and Conditions, and to the extent permitted under applicable law, You hereby grant Private Market Labs unrestricted permission to access any public and non-public information regarding Orders and interactions on the Platform, as necessary to ensure the fulfillment of the terms of the Terms and Conditions.
The Company, in its sole discretion and at any time, may modify the Fees or Subscription prices. Any Subscription price change will become effective at the end of the then-current Subscription period. Any Fee change will become effective immediately. Any partially complete transactions (starting with an initial scheduled call) at the time of a Fee change will incorporate the amount originally in place at the time the transaction started.
The Company will provide You with reasonable prior notice of any change in Subscription or Fee prices to give You an opportunity to terminate Your engagement with the Platform before such change becomes effective.
Your continued use of the Platform after any price change comes into effect constitutes Your agreement to pay the modified amount.
The Company will not charge business brokers or other sell-side intermediaries to list businesses for sale on the platform.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription price for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Any Promotions made available through the Platform may be governed by rules that are separate from these Terms.
In the event of a dispute, You and a Service Provider engaged through the Platform are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If the associated delivery of Goods is ongoing and Stripe is holding funds meant for a Service Provider, the Company will work with Stripe and the Service Provider to successfully process the refund, net of any Stripe fees, as quickly as possible, regardless of who initiated the request for a refund. In the event the Company is responsible for facilitating a refund, we reserve the right to deduct a 1% convenience free. To initiate the refund process, the Company’s support team should be emailed with a description of the situation to firstname.lastname@example.org
In the event a request for a refund or cancellation is disputed, non-binding dispute assistance (“Dispute Assistance”) is available within 30 days of the date of the last release of funds. The Company’s support team will provide a notice of dispute along with a request for information and supporting documentation.
If both parties respond to the notice and request for information, then the support team will review the documentation submitted and any information available on the Platform that pertains to the dispute. After review, the support team will propose a mutual, non-binding resolution based on the results of the review.
The proposed resolution is non-binding; parties to the dispute can choose whether or not to agree to it. If there is agreement, the Company will proceed with any proposed role in settling the dispute. If either party rejects the proposed, non-binding resolution then further action with regards to the dispute must be pursued independently.
The Company reserves the right to obtain detailed information about the nature of the engagement between the two parties in a dispute, including any work done as part of a disputed Order for the exclusive purpose of pursuing Dispute Assistance.
Except when required by law or stated explicitly in the description for a service, Fees and paid Subscriptions offered through the site are non-refundable.
Certain refund requests related to Subscriptions or Fees paid to the Company may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Platform.
You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Platform allows You to post Content, including buyer, seller and business broker information. You are responsible for the Content that You post to the Platform, including its legality, reliability, and appropriateness.
By posting Content to the Platform, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Platform.
You represent and warrant that: (i) the Content You post is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Your rights to Content found on the Platform but not posted directly by You is limited to personal, non-commercial transitory viewing only. This represents the grant of a license, not a transfer of title, and under this license You may not: modify or copy such Content; use such Content for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Platform; remove any copyright or other proprietary notations from such Content; transfer such Content to another person; or “mirror” the Content on any other server.
This license shall automatically terminate if You violate any of these restrictions and may be terminated at any time. Upon terminating Your viewing of the Content or upon the termination of this license, You must destroy any Content in Your possession whether in electronic or printed format.
The Company is not responsible for the Content of the Platform’s users. You expressly understand and agree that You are solely responsible for the Content You post and for all activity that occurs under Your account, whether done so by You or any authorized third person using Your account.
In agreeing to the Terms of Service, You agree to not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. You also agree to the following limitations on Your use of the Platform and its Content. You shall not:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and refuse or remove this Content. The Company further reserves the right to make format, edit or change the nature of any Content. The Company can also limit or revoke the use of the Platform if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Platform, You agree to use the Platform at Your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.
We acknowledge that interactions between the various users of the Platform may, from time-to-time, involve the exchange of Confidential Information. Confidential Information is any data or information that is competitively or personally sensitive material and not generally known to the public, including, but not limited to, information relating to any of the following: investment theses, personal or corporate financial information, investment targets, seller names, locations, or other identifying information, business plans, design, improvements, marketing strategies, product strategies, present or future business activities, product development and plans, data, documentation, flow charts, specifications, finance, operations, procedures, processes, supplier lists, supplier profiles, systems, computer software, inventions, know-how, object code, proprietary concepts, source code, technical information, trade secrets, or other information which disclosing policy may consider confidential.
By signing these Terms of Service, You agree to maintain the secrecy and confidentiality of such Confidential Information unless explicitly approved by the disclosing party or if such Confidential Information becomes independently publicly known.
We recognize that any breach of Confidentiality could cause serious damage to the owner of such information. By signing these Terms of Service, You acknowledge that the Company is not responsible for any breach of Confidentiality that may occur through Your use of the Platform.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.
The Platform and its Content, features and functionality are and will remain the exclusive property of the Company and its licensors subject to provisions above.
The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Platform may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Platform or 100 USD if You haven’t purchased anything through the Platform.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless the Company, our affiliates and each of our and their respective officers, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your Account or identity in the Platform) use or misuse of the Platform, breach of the Terms of Service or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
The Platform is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of Delaware, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Platform is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Platform.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By visiting this page on our website: www.privatemarketlabs.com/contact-us