Terms of Service

By accessing or using the Fivam Global website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all terms, you may not access or use our services.

These Terms apply to all visitors, users, sellers, buyers, and others who access or use our services.

Fivam Global provides business brokerage services including but not limited to:

• Business valuation and appraisal services
• Confidential marketing of businesses for sale
• Buyer qualification and screening
• Transaction negotiation and facilitation
• Due diligence coordination
• Closing and transition support

By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not located in a jurisdiction where our services are prohibited
• You will provide accurate and complete information
• You have the authority to bind any entity you represent

To access certain features, you may need to register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information promptly
• Keep your login credentials confidential
• Notify us immediately of unauthorized access
• Accept responsibility for all activities under your account

5.1 Brokerage Fees

For sellers, our standard commission is based on a percentage of the final sale price, as detailed in the listing agreement. Fees are payable only upon successful closing of a transaction.

5.2 Valuation Fees

Initial business valuations are provided free of charge. Comprehensive valuation reports may incur fees as agreed upon in writing.

5.3 Buyer Fees

Qualified buyers may access listings at no cost. Transaction fees, if applicable, will be disclosed in advance.

5.4 Payment Terms

All fees are due as specified in individual agreements. Late payments may incur interest charges and suspension of services.

Access to confidential business information requires execution of our standard Non-Disclosure Agreement (NDA). By requesting listing information, you agree to:

• Keep all information strictly confidential
• Not disclose information to unauthorized third parties
• Use information solely for evaluating acquisition opportunities
• Return or destroy all materials upon request

Sellers engaging our services agree to:

• Provide accurate and complete business information
• Disclose all material facts about the business
• Cooperate in due diligence processes
• Respond promptly to buyer inquiries
• Honor exclusivity agreements when applicable
• Pay agreed commissions upon closing

Buyers using our services agree to:

• Provide accurate financial qualification information
• Sign required NDAs before accessing information
• Use information only for acquisition purposes
• Not circumvent our brokerage in transactions
• Act in good faith throughout negotiations
• Complete acquisitions through our brokerage

Both parties acknowledge that during the course of using our services, they may receive confidential information. This includes:

• Financial statements and tax returns
• Patient/client lists and contracts
• Operational procedures and manuals
• Intellectual property and trade secrets
• Pricing and strategic information

Confidentiality obligations survive termination of these Terms and any signed NDAs.

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness
• Warranties that services will be uninterrupted or error-free
• Warranties regarding successful sale or acquisition

We do not guarantee that any business will be sold or that any buyer will complete an acquisition.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIVAM GLOBAL SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages exceeding the fees paid to us in the prior 12 months
• Third-party claims unless directly caused by our gross negligence

You agree to indemnify, defend, and hold harmless Fivam Global, its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any misrepresentations you make

We may terminate or suspend your access to our services immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or misleading conduct
• Circumvention of our brokerage
• Non-payment of fees

Surviving provisions include confidentiality obligations, indemnification, and limitation of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The parties irrevocably submit to the exclusive jurisdiction of the courts in Tarrant County, Texas.

15.1 Negotiation

Parties shall attempt to resolve disputes through good-faith negotiation.

15.2 Mediation

If negotiation fails, parties shall mediate through a mutually agreed mediator in Tarrant County, Texas.

15.3 Arbitration

Unresolved disputes shall be resolved by binding arbitration in accordance with the American Arbitration Association rules.

15.4 Class Action Waiver

All disputes shall be resolved on an individual basis; class actions are not permitted.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of services after changes constitutes acceptance. Material changes will be notified via email or site notice.