The undersigned Prospective purchaser(s) (hereafter Prospect) hereby requests confidential information, currently and from this time forward on businesses represented by Discount Business Brokers USA™ (hereafter Broker), a business Brokerage. Prospect hereby acknowledges that Broker first provided such information to Prospect, and in consideration of Broker having provided such information the Prospect hereby agrees to the following:
1. CONFIDENTIALITY. Prospect understands and agrees that information provided on any business is confidential. Prospect agrees not to divulge such information to others except to secure professional advice and counsel. Said professional counsel shall be identified to Broker. Prospect agrees that all materials, including copies, shall be confidential and shall be returned to Broker within seven days.
2. COMMUNICATIONS. Prospect agrees to conduct ALL further inquiries and subsequent negotiations for the businesses revealed to Prospect by Broker exclusively through the offices of Broker. Buyer agrees they will NOT contact Seller or Seller's Employees directly.
3. INTENT. Prospect acknowledges their sole intent is to purchase a business and not for purposes of gaining information for business competitors, the Department of Internal Revenue, or any other governmental or taxing agency. Prospect does not represent any third party, local, county, state or federal government agency or any competitor, nor is PROPECT employed by a competitor.
4. NON-CIRCUMVENT. Prospect agrees not to circumvent the Seller or Broker by obtaining property leases, customers, employees, vendors or any portion of these businesses using the knowledge gained through disclosures of information from Broker. For a period of twenty-four (24) months from this date, Prospect agrees that no attempt will be made to recruit or hire employees of the Business; and agrees not to utilize any information gained about the Business for competitive advantage or to otherwise damage or cause harm to the Business; and to not deal directly or indirectly with the Seller without Broker’s written consent.
5. DISCLAIMER. Prospect acknowledges that all information and materials on each business opportunity provided by Broker has been provided to Broker by Seller and no representation is made by Broker as to it’s accuracy, and Broker makes no warranty, or guarantee, expressed or implied, as to the accuracy of such information. Broker encourages Prospect to review and independently verify the data provided by Seller is substantially representative of their business activity. Statements by Broker may be presented concerning a matter of opinion and, whether or not so identified, they are solely statements of opinion. Broker is not a CPA firm or attorney.
6. EPRESENTATION. Prospect acknowledges Broker is not an agent for Prospect, but is an agent for the Seller.
7. ENFORCEMENT. In the event Prospect violates confidentiality or any covenant herein with respect to a Seller, then Broker, the listing Broker, and the Seller shall be entitled to all remedies provided by law, including full injunctive relief and damages. The same remedies are available to Broker in the event Prospect and/or a Seller attempts to circumvent them.
Prospect swears they are the party signing below and that any and all information provided to Broker and Seller by Prospect, including but not limited to Prospect’s financial representations are true and correct. Prospect(s) signed below understand, acknowledge and agree that this agreement is legally binding upon the undersigned, and all others involved in the analysis and evaluation of this information in connection with the possible purchase of a business.
This is a legally binding agreement.