The undersigned, and any of its affiliates, brokers or representatives, hereby acknowledges that he/she/they approached Yellowstone Business Acquisitions (YBA) concerning the purchase of a business, and attests that he/she/they is a qualified, prospective purchaser of a business and hereby agrees to the following:
By typing your name as an electronic signature, submitting this form to Yellowstone Business Acquisitions, and using our services, you are agreeing to the conditions included in this Non-Disclosure Agreement, and agree to keep all received information, including the fact that the business(s) are for sale, strictly confidential.
- All information provided on businesses by YBA is sensitive and confidential and its disclosure to others would be damaging to the Seller's business and to YBA's business relationship with Buyer and Seller. All information, including trade secrets, customer lists, financial data, and other proprietary information which is obtained from YBA or the Seller shall be held strictly confidential. It is agreed that the undersigned will not disclose any information, including the fact the business is for sale to anyone, including the employees, suppliers, vendors or customers of the business without the consent of the Seller. Buyer agrees to use this information solely for evaluating the business being presented for possible acquisition and not to use any such information for competitive trade purposes or for any purpose which would adversely affect Seller's business. The term 'information' does not include any information which is generally available to the public, or is already in the Buyer's possession. All information provided to review the business will be returned to YBA without retaining copies, summaries, analyses, or extracts thereof in the event the review is terminated, or if requested to be returned by YBA. The seller is hereby designated as a third party beneficiary to this agreement.
- Buyer will not contact the Seller directly, will contact the Seller only through YBA, and will not contact Seller's employees, customers or suppliers without Seller's written consent;
- Buyer acknowledges that all information provided to YBA by the Seller is not verified in any way by YBA. YBA is relying on Seller for the accuracy and completeness of said information, and YBA makes no warranty or representations, express or implied, as to such information. YBA does not give tax, accounting or legal advice. Prior to finalizing any agreement to purchase a business, it is the Buyer's responsibility to make an independent verification of all information. Buyer agrees that YBA is not responsible for the accuracy of any information Buyer receives and Buyer will look only to Seller and to Buyer's own investigation for all information regarding any business offered by YBA;
- Should Buyer enter into an agreement to purchase opportunity presented by YBA, Buyer grants to the Seller the right to obtain, through standard agencies, financial and credit information concerning Buyer or the companies or other parties Buyer represents, and Buyer understands that this information will be held confidential by Seller and YBA, and will only be used for the purpose of Seller's determination of Buyer's financial capability, or for the purpose of Seller's extending credit to Buyer;
- All inquiries, or offers to purchase and negotiations relating to the purchase, of any business presented by YBA to Buyer, will be conducted exclusively through YBA. A facsimile signature to the agreement shall be binding on the Buyer as if it were an original signature.
- Seller shall be entitled to all remedies at law and to equitable relief by way of injunction upon the breach of or threatened breach hereof by Buyer. Montana law or the state law where Seller is located shall govern this agreement. In the event any person defaults in this agreement, and legal action follows, the prevailing party shall be entitled to collect a reasonable attorney fee. The undersigned confirms that he/she has received a copy of this agreement and agrees to the above terms and conditions.
- All Parties agree that this non-disclosure agreement is in force on any business presented by Yellowstone Business Acquisitions either now or at a future date.