Personal Financial Statement
All information is kept strictly confidential.
Terms of Service
Personal Financial Statement Submission — Praxis Business Brokers LLC
These Terms of Service (“Terms”) govern your submission of a Personal Financial Statement (“PFS”) through the online form located at praxisbusinessbrokers.com (the “Form”). By submitting the Form, or by uploading any information through the Website, you (“Submitter”) agree to be bound by these Terms. If you do not agree to these Terms, do not submit the Form or upload any information. The Submitter must be at least eighteen (18) years of age to submit the Form.
1. Purpose of Submission
The Form is designed to collect high-level financial information from prospective buyers for the sole purpose of enabling Praxis Business Brokers LLC (“Praxis”) to evaluate the Submitter’s general financial qualifications for business acquisition opportunities that Praxis may, in its sole discretion, elect to present.
2. Certification of Accuracy
By checking the certification box and submitting the Form, the Submitter certifies that all information provided is true, complete, and correct in all material respects as of the date of submission. The Submitter acknowledges that Praxis will rely on the accuracy of the submitted information in determining whether to present business opportunities and in representing the Submitter’s qualifications to its clients. Any material misrepresentation, omission, or inaccuracy may result in immediate disqualification from any and all opportunities, termination of any relationship with Praxis, and liability to Praxis and its clients for any damages arising therefrom.
3. No Brokerage or Agency Relationship
Submission of a PFS does not create any brokerage relationship, agency relationship, fiduciary duty, or other obligation on the part of Praxis to present any business opportunity to the Submitter. Praxis retains sole and absolute discretion in determining which opportunities, if any, to present to any prospective buyer. Nothing in these Terms shall be construed as a guarantee or commitment that the Submitter will be introduced to any particular business, seller, or transaction.
4. Representations and Warranties of Submitter
By submitting the Form, the Submitter represents and warrants to Praxis that: (a) the Submitter is at least eighteen (18) years of age and has the legal capacity to enter into and be bound by these Terms; (b) all information submitted through the Form is owned by the Submitter or the Submitter otherwise has the unrestricted legal right to provide such information to Praxis, and the submission thereof does not and will not violate any agreement, obligation, court order, or applicable law to which the Submitter is subject; (c) the information submitted does not contain any material that infringes, misappropriates, or otherwise violates the intellectual property rights, privacy rights, or any other rights of any third party; (d) the Submitter is submitting the Form on the Submitter’s own behalf and not as an agent, nominee, or representative of any undisclosed principal, unless the Submitter has expressly identified such principal in the Form; (e) the Submitter is not subject to any legal, regulatory, or contractual restriction that would prohibit the Submitter from engaging in business acquisition transactions of the type contemplated by these Terms; (f) the information submitted does not contain any fraudulent, misleading, or deceptive statements; and (g) the Submitter will promptly notify Praxis in writing if any of the foregoing representations and warranties ceases to be true and accurate in any material respect. These representations and warranties shall survive the submission of the Form and shall be deemed renewed each time the Submitter submits or updates any information through the Website.
5. Consent to Verification
The Submitter hereby consents to Praxis verifying any or all of the information provided in the Form. Such verification may include, without limitation, contacting financial institutions, requesting supporting documentation (such as bank statements, brokerage statements, tax returns, or proof of funds), conducting credit inquiries, or taking such other steps as Praxis deems reasonably necessary to confirm the Submitter’s financial qualifications. Praxis is not obligated to conduct any verification and may rely on the Submitter’s certifications at its discretion.
6. Confidentiality and Use of Information
Praxis shall maintain the confidentiality of the Submitter’s financial information and shall use such information solely for the purpose of evaluating the Submitter’s qualifications for business acquisition opportunities presented by Praxis. By submitting the Form, the Submitter hereby grants to Praxis a non-exclusive, royalty-free, limited license to use, reproduce, and distribute the submitted information solely for the purposes set forth in these Terms. Praxis may disclose the Submitter’s information to its managers, members, employees, affiliates, attorneys, accountants, consultants, and such other representatives as are reasonably necessary to carry out the foregoing purpose (collectively, “Representatives”), provided that such Representatives are bound by confidentiality obligations no less protective than those set forth herein. Notwithstanding the foregoing, Praxis may disclose the Submitter’s information if required by law, regulation, subpoena, court order, or governmental request, provided that Praxis shall, to the extent legally permitted, provide the Submitter with prompt written notice of such requirement so that the Submitter may seek a protective order or other appropriate remedy.
7. Data Retention
Praxis shall retain the Submitter’s information for so long as reasonably necessary to fulfill the purposes described herein or as required by applicable law. If the Submitter is not qualified or does not proceed with any opportunity, Praxis may retain one archival copy of the submitted information and any automatic electronic backups for legal and compliance purposes, subject to the continuing confidentiality obligations set forth in Section 6. The Submitter may request deletion of the Submitter’s personal information by submitting a written request to the contact address set forth in Section 21; provided, however, that Praxis may retain such information as is reasonably necessary for legal, compliance, or archival purposes notwithstanding any such request.
8. Data Privacy; Governing Privacy Law
To the extent that any federal, state, or local data privacy statute, regulation, or rule applies or is alleged to apply to Praxis’s collection, use, retention, or disclosure of the Submitter’s information pursuant to these Terms, the parties agree that the data privacy laws of the State of Michigan shall govern exclusively. The Submitter expressly waives any right to invoke the data privacy or data protection laws of any other jurisdiction, whether more or less stringent than Michigan law, and agrees that no such laws shall impose any additional or different obligations on Praxis beyond those required under applicable Michigan law. In the event that any provision of these Terms is found to conflict with any applicable data privacy law, such provision shall be modified to the minimum extent necessary to comply with Michigan law, and the remaining provisions shall continue in full force and effect. Nothing in these Terms shall be construed to create any rights or obligations under the data privacy or data protection laws of any jurisdiction other than the State of Michigan.
9. Website Use; Browser Compatibility
The Submitter acknowledges that access to and use of the Form and the praxisbusinessbrokers.com website (the “Website”) is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Praxis does not warrant that the Website or the Form will be compatible with any particular web browser, operating system, device, or hardware configuration, or that the Website or the Form will be available, uninterrupted, timely, secure, or free of errors, viruses, or other harmful components. The Submitter assumes all risk associated with the use of the Website and the Form. Praxis shall have no liability whatsoever for any loss, damage, or inconvenience suffered by the Submitter as a result of any incompatibility, malfunction, or deficiency in the Submitter’s chosen browser or technology platform. Praxis reserves the right to modify, update, suspend, or discontinue the Website or the Form, in whole or in part, at any time and without notice or liability to the Submitter.
10. Non-Circumvention
The Submitter acknowledges and agrees that if the Submitter is introduced to a business opportunity, seller, or transaction through Praxis, the Submitter shall not, directly or indirectly, contact, negotiate with, or enter into any transaction with such seller or business, or any affiliate thereof, in a manner that circumvents Praxis’s role or deprives Praxis of any commission, fee, or other compensation to which it would otherwise be entitled. For purposes of this Section, an “introduction” shall be deemed to occur upon the earlier of (i) Praxis’s delivery to the Submitter of a confidential information memorandum, teaser, or similar document describing a business opportunity, (ii) Praxis’s scheduling or facilitating of any meeting, call, or communication between the Submitter and a seller or its representatives, or (iii) Praxis’s written identification of a specific business or seller to the Submitter. This obligation shall survive for a period of two (2) years following the date of any such introduction. Damages for violation of this provision shall include, without limitation, lost commission, all enforcement costs (including reasonable attorneys’ fees), and equitable relief including injunctive relief.
11. Limitation of Liability
Praxis makes no representation or warranty, express or implied, regarding the availability, suitability, or profitability of any business opportunity. Praxis shall not be liable to the Submitter for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the Submitter’s use of the Form or submission of a PFS. In no event shall Praxis’s aggregate liability to the Submitter arising out of or related to these Terms exceed one hundred dollars ($100.00). This limitation of liability shall apply to the fullest extent permitted by applicable law.
12. Contractual Limitations Period
The Submitter agrees that any claim or cause of action arising out of or relating to these Terms, the Form, or the Submitter’s relationship with Praxis must be commenced within thirty (30) days after the date on which such claim or cause of action accrues. The Submitter expressly waives any statute of limitations that would otherwise apply and agrees that any claim not brought within such thirty (30) day period shall be forever barred. This contractual limitations period shall apply to the fullest extent permitted by applicable law.
13. Indemnification
The Submitter shall indemnify, defend, and hold harmless Praxis, its managers, members, employees, affiliates, and Representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) any material misrepresentation or inaccuracy in the information provided by the Submitter, (b) the Submitter’s breach of these Terms, or (c) any third-party claim arising from the Submitter’s conduct in connection with any opportunity to which the Submitter is introduced.
14. Electronic Signature and E-SIGN Consent
By checking the acceptance box and submitting the Form, or by uploading any information through the Website, the Submitter acknowledges and agrees that such action constitutes the Submitter’s electronic signature and manifests the Submitter’s intent to be bound by these Terms. The Submitter consents to the use of electronic signatures and agrees that such electronic acceptance is valid, binding, and enforceable under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Michigan Uniform Electronic Transactions Act (MCL § 450.831 et seq.). The Submitter further agrees that no certification authority or other third-party verification is necessary to validate the Submitter’s electronic signature and that the lack of such certification or verification will not in any way affect the enforceability of the Submitter’s acceptance of these Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.
16. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Grand Rapids, Michigan. The Submitter expressly waives any right to participate in any class action, collective action, representative action, or consolidated proceeding against Praxis, whether in arbitration, litigation, or otherwise. All disputes between the Submitter and Praxis shall be resolved on an individual basis only. If Praxis is the prevailing party in any dispute, the Submitter shall reimburse Praxis for all reasonable attorneys’ fees, costs, and expenses incurred in connection therewith.
17. No Waiver
The failure of Praxis to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Praxis.
18. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
19. Survival
The following provisions shall survive the submission of the Form and any termination, expiration, or conclusion of the relationship between the Submitter and Praxis: Section 2 (Certification of Accuracy), Section 4 (Representations and Warranties of Submitter), Section 6 (Confidentiality and Use of Information), Section 7 (Data Retention), Section 10 (Non-Circumvention), Section 11 (Limitation of Liability), Section 12 (Contractual Limitations Period), Section 13 (Indemnification), Section 15 (Governing Law), Section 16 (Dispute Resolution), Section 18 (Severability), and this Section 19 (Survival).
20. Entire Agreement; Amendments
These Terms constitute the entire agreement between the Submitter and Praxis with respect to the submission of the PFS and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to such subject matter. Praxis reserves the right to modify these Terms at any time by posting revised Terms on its website. The Submitter’s continued submission of information following any such modification constitutes acceptance of the modified Terms.
21. Contact Information
Questions regarding these Terms may be directed to:
Praxis Business Brokers LLC4756 136th Ave
Hamilton, MI 49419
Phone: 269-338-9809
Website: praxisbusinessbrokers.com