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Terms of Service

Last updated

Welcome to Northeast Restaurant Group (“NEREST”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our website at https://nerest.com/ , our online tools, forms, user accounts, and any related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our website or Services.

1. Who We Are

NEREST is a restaurant brokerage and advisory firm providing marketing, listing, valuation, and consulting services to buyers and sellers of restaurant businesses across New England and Upstate New York.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old;
  • Provide accurate and truthful information; and
  • Not be prohibited from using our Services under applicable law.

We may refuse service, deny access, or terminate accounts at our discretion, including where we believe these Terms have been violated or fraudulent activity has occurred.

3. Confidentiality of Listings and NDAs

Many restaurant listings on our website contain confidential or non-public information. By accessing these listings or submitting any form (including Request More Info, Sell My Restaurant, or NDA forms), you agree:

  • To maintain the confidentiality of non-public information;
  • Not to disclose addresses, financials, staff details, or operational data;
  • Not to visit or contact the business without our prior written permission; and
  • Not to share confidential materials with third parties.

We reserve the right to deny access to listings, revoke confidentiality privileges, or block your account, email, IP address, or other identifiers if we believe confidentiality has been breached.

4. User Accounts

Certain features may require you to create an account (for example, registration or future member features). You agree to:

  • Provide accurate, current, and complete information;
  • Maintain the confidentiality of your login credentials; and
  • Accept responsibility for all activities that occur under your account.

We may suspend, restrict, or delete accounts that violate these Terms, appear fraudulent, or pose a risk to NEREST, our clients, or other users.

5. Lead Submission and Buyer/Seller Inquiries

By submitting a form on our website, including Request More Info, Sell My Restaurant, NDA, Contact Us, or Registration forms, you authorize NEREST to:

  • Contact you regarding your inquiry by email, phone, SMS, or other reasonable communication methods;
  • Store your information in our customer relationship management system (such as Zoho CRM);
  • Send related follow-up communications about listings or services that may interest you; and
  • Validate your contact details using trusted third-party services (for example, phone validation or address validation tools).

Submitting a form does not create a binding brokerage agreement or representation. Any formal engagement will be governed by separate written agreements.

6. Marketing Emails & Communications

We may send you communications such as:

  • Listing updates and new opportunities;
  • Market insights and educational content;
  • Buyer and seller guidance; and
  • Transactional messages related to your inquiries, NDAs, or account (for example, confirmations and important notices).

You can unsubscribe from marketing emails at any time by using the unsubscribe link in our emails or by contacting us directly. However, we may still send you non-marketing communications that are necessary for the administration of your account or an active inquiry.

7. Acceptable Use

You agree that you will not:

  • Use automated bots or scraping tools to collect listing or website data;
  • Copy, reproduce, or distribute proprietary listing content without permission;
  • Attempt to reverse engineer our website, plugins, or integrations;
  • Interfere with the performance, security, or availability of the website;
  • Impersonate another person or submit false or misleading information; or
  • Bypass or attempt to bypass any access controls, including our IP, email, or device blocking systems.

Violation of this section may result in immediate termination of your access to the Services, and we may pursue any other remedies available under law.

8. Broker Disclaimer & Accuracy of Information

All listing data and related information on our website, including financials, descriptions, pricing, and availability, is provided by sellers or third parties and is believed to be accurate but is not guaranteed.

You acknowledge and agree that:

  • NEREST is not responsible for errors, omissions, or misrepresentations in listing information;
  • You are solely responsible for conducting your own due diligence and seeking professional advice (legal, financial, tax, or otherwise) before making any decisions; and
  • Listings may change or be withdrawn at any time without notice.

We are not liable for any investment decisions or losses arising from reliance on information provided through our Services.

9. Third-Party Services

Our Services integrate with or rely on third-party platforms and providers, which may include, but are not limited to:

  • Zoho CRM and related Zoho services;
  • Google services (such as Maps, Drive, Apps Script, and analytics tools);
  • Cloudflare (security, performance, and DNS);
  • Phone validation or messaging tools (such as Twilio); and
  • Social login providers (such as Google or Facebook, via Nextend Social or similar plugins).

Your use of any features that rely on these services constitutes your acceptance of their respective terms and privacy policies. We are not responsible for downtime, data loss, or other issues caused by third-party services.

10. Intellectual Property

All content on the website, including text, listings, photographs, graphics, design, logos, custom plugins, widgets, and underlying code, is the exclusive property of NEREST or its licensors and is protected by applicable intellectual property laws.

You may not copy, reproduce, modify, distribute, or create derivative works from any part of our website or Services without our prior written consent, except as expressly allowed by law.

11. Limitation of Liability

To the fullest extent permitted by law, NEREST and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, or business opportunities, arising out of or related to your use of the Services.

Our total liability for any claim arising out of or relating to the Services will not exceed the amount, if any, paid by you to us for the specific service giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless NEREST and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services;
  • Your breach of these Terms;
  • Your misuse of confidential listing information; or
  • Your violation of any law or the rights of a third party.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the jurisdiction of such courts.

14. Termination

We may suspend or terminate your access to the website or Services at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or harmful behavior. This may include:

  • Suspending or deleting your user account;
  • Blocking your IP address, email, or device fingerprint; or
  • Revoking access to confidential listings and materials.

Upon termination, your right to use the Services will cease immediately.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Your continued use of the website after changes are posted constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms, you may contact us at:

Northeast Restaurant Group
Email: [email protected]
Website: https://nerest.com/contact-us/

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