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ABR BROKERAGE

TERMS OF SERVICE

Effective Date: August 3rd, 2026

Last Updated: August 3rd, 2026

Please read these Terms of Service carefully before using our website.

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of the website located at abrbrokerage.com and any related pages, forms, listings, and communications (collectively, the "Site").

The Site is operated by ABR Brokerage, powered by Commercial Acquisitions Inc., a New York State corporation with its principal place of business at 2500 Coney Island Avenue, Floor 2, Brooklyn, New York 11223 ("ABR," "we," "us," or "our").

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Site.

Order of precedence. If you have signed a listing agreement, buyer representation agreement, confidentiality agreement, non-disclosure agreement, or other written engagement with ABR, that signed agreement governs the subject matter it addresses and controls over these Terms to the extent of any conflict. These Terms govern your use of the Site.

2. Definitions

Capitalized terms have the following meanings, whether used in the singular or the plural:

  • "ABR," "we," "us," "our" means ABR Brokerage, powered by Commercial Acquisitions Inc., together with its officers, directors, employees, agents, and affiliates.

  • "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.

  • "Confidential Information" means any non-public information disclosed by ABR or a seller concerning a business, its owner, its operations, its finances, or its availability for sale, including the fact that a business is or may be for sale.

  • "Listing" means any description, summary, teaser, profile, or marketing material concerning a business that ABR has been engaged to market.

  • "Site" means the website at abrbrokerage.com and all of its pages, forms, and features.

  • "Transaction" means the purchase, sale, merger, recapitalization, or transfer of a business or of assets or equity in a business.

  • "You," "your" means the individual using the Site, and any company or other legal entity on whose behalf that individual is acting.

3. Eligibility, Authority, and Legal Compliance

You must be at least 18 years old and legally capable of entering into a binding contract to use the Site. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

You represent and warrant that all information you submit is accurate and complete, and that you are not:

  • Located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive United States sanctions or embargo

  • Identified on any United States government list of prohibited, restricted, sanctioned, or denied parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control

  • Acting on behalf of, or for the benefit of, any such person or entity

You agree to comply with all applicable federal, state, and local laws in connection with your use of the Site and any Transaction, including sanctions, anti-money-laundering, and, where applicable, foreign investment review requirements.

4. Nature of Our Services

ABR provides business brokerage and intermediary services, including the confidential marketing and sale of privately held businesses, buyer representation, business valuation, and related advisory services. 

What we are not. ABR is not a law firm, accounting firm, tax advisor, appraisal firm, or investment adviser, and nothing on the Site or provided by us constitutes legal, tax, accounting, valuation, financial, or investment advice. You should retain your own attorney, accountant, and other advisors before entering into any Transaction.

Valuations. Any valuation, estimate, range, multiple, or opinion of value we provide is an informal broker's opinion prepared for discussion purposes only. It is not a certified appraisal, is not prepared in accordance with USPAP or any similar standard, and should not be relied upon for financing, litigation, tax reporting, estate planning, or any similar purpose.

5. No Brokerage or Agency Relationship Created by Using the Site

Using the Site, submitting an inquiry, requesting a valuation, subscribing to updates, or corresponding with us does not create a brokerage, agency, fiduciary, advisory, or client relationship between you and ABR. No such relationship arises unless and until ABR and you have executed a written engagement agreement signed by an authorized representative of ABR.

Until such an agreement is signed, ABR owes you no duty of loyalty, disclosure, confidentiality (except as stated in our Privacy Policy or in a signed confidentiality agreement), or care with respect to any Transaction.

In any given Transaction, ABR generally represents the seller. Where ABR represents a seller, we do not represent the buyer, and buyers should not rely on ABR to protect their interests.

6. Listing Information and Due Diligence

Information originates with sellers. Listings, financial summaries, cash flow and seller's discretionary earnings figures, asking prices, license and certification status, enrollment or ridership figures, contract and reimbursement information, lease terms, employee counts, and all other listing information are provided to ABR by the seller of the business or by the seller's representatives. ABR does not independently audit, verify, or confirm this information.

No representation or warranty. ABR makes no representation or warranty, express or implied, as to the accuracy, completeness, currency, or reliability of any Listing, and expressly disclaims any liability arising from errors, omissions, or changes in that information. Listings may be withdrawn, modified, placed under contract, or sold at any time without notice.

Forward-looking statements. Any projection, forecast, pro forma, or statement about future performance reflects assumptions that may prove incorrect. Past performance does not indicate future results.

Your independent investigation. You are solely responsible for conducting your own due diligence, including independent review of financial records, tax returns, licenses and regulatory standing, contracts, leases, payer and reimbursement arrangements, employee and labor matters, insurance, and litigation history, in each case with your own professional advisors. Any decision to pursue, offer on, or acquire a business is made in reliance on your own investigation and judgment, and not on any statement by ABR.

No offer. Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any business, security, or asset. Listings are informational only.

7. Confidentiality and Non-Disclosure

Confidential Information concerning businesses we represent is released only to prospective buyers who have executed a confidentiality or non-disclosure agreement with ABR and who, in our sole discretion, are adequately qualified.

If you receive Confidential Information from ABR, whether or not you have signed a separate agreement, you agree that you will not: disclose the identity of the business, its owner, or its existence in the market to any third party; contact the business's owners, employees, customers, students or participants, families, vendors, landlords, lenders, referral sources, or regulators regarding the potential sale; or use the information for any purpose other than evaluating a possible acquisition.

These obligations are in addition to, and not in place of, any signed confidentiality agreement. ABR reserves all rights to seek injunctive relief for a breach, as monetary damages may be inadequate.

8. Non-Circumvention

If ABR introduces you to a business, an owner, a buyer, a referral source, or a Transaction opportunity, you agree not to circumvent ABR by negotiating or completing a Transaction directly or indirectly with that party, or through an Affiliate, relative, entity, agent, or nominee, in a manner intended to avoid ABR's fee or commission.

Nothing in this section limits any longer or broader obligation in a signed agreement.

9. Acceptable Use

You agree not to:

  • Submit false, misleading, or fraudulent information, or impersonate any person or entity

  • Use the Site to gather information about Listings for a competing brokerage, for a competing business, or for any purpose other than a genuine interest in a Transaction

  • Use automated means, including scrapers, bots, or crawlers, to access, monitor, or copy the Site or its content

  • Attempt to gain unauthorized access to the Site, any account, or any system or network connected to the Site

  • Interfere with the operation or security of the Site, or introduce malicious code

  • Use the Site in violation of any applicable law, or in a manner that infringes the rights of others

  • Send unsolicited commercial messages to ABR or to any person whose information you obtain through the Site

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including a suspected violation of these Terms.

10. Submissions and Communications

Your submissions. By submitting information through the Site, you represent that you have the right to do so and that the information is accurate. You grant ABR the right to use information you submit for the purposes described in our Privacy Policy, including qualifying you as a buyer and, where applicable, sharing your qualification information with a seller.

Do not send sensitive documents by unsecured email. Please do not transmit financial statements, tax returns, employee or participant records, or other sensitive materials through the Site's contact forms or by unencrypted email. We will provide a secure method for exchanging transaction materials.

Electronic communications. By providing your email address, you consent to receive communications from us electronically. You agree that electronic communications and signatures satisfy any legal requirement that a communication be in writing. Consent to receive marketing calls or text messages is obtained separately at the point of collection and is not given by accepting these Terms. You may opt out of marketing communications as described in our Privacy Policy.

Feedback. If you send us suggestions or feedback about the Site or our services, you grant ABR a perpetual, irrevocable, royalty-free, worldwide license to use it without restriction or compensation to you.

11. Intellectual Property

The Site and its contents, including text, graphics, logos, Listing descriptions, marketing materials, valuations, compilations, and the ABR Brokerage and Commercial Acquisitions Inc. names and marks, are owned by ABR or its licensors and are protected by intellectual property laws.

You may view and print Site content for your personal, non-commercial use in evaluating a possible Transaction. You may not reproduce, distribute, publish, modify, or create derivative works from Site content, or use it for any commercial purpose, without our prior written consent.

12. Third-Party Sites and Services

The Site may link to third-party websites, listing marketplaces, lender portals, or social media platforms. We do not control and are not responsible for their content, practices, or availability, and a link does not imply endorsement. Your dealings with any third party are solely between you and that third party.

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT, LISTINGS, AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, ABR disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

ABR does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site is free of harmful components. ABR does not warrant the accuracy or completeness of any Listing or business information, or the outcome, timing, terms, or completion of any Transaction.

14. Limitation of Liability

To the fullest extent permitted by law, ABR, Commercial Acquisitions Inc., and their respective officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business opportunities, lost goodwill, or diminution in value, arising from or relating to your use of the Site or any Listing or information obtained through it, even if advised of the possibility of such damages.

15. Indemnification

You agree to indemnify, defend, and hold harmless ABR, Commercial Acquisitions Inc., and their respective officers, directors, employees, agents, and affiliates from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising from or relating to your use of the Site, your breach of these Terms, your breach of any confidentiality or non-circumvention obligation, your violation of any law or third-party right, or any information you submit.

16. Changes to These Terms

We may modify these Terms at any time. The revised version will be posted on this page with an updated "Last Updated" date. Changes are effective when posted. Your continued use of the Site after posting constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.

17. General Provisions

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign them without restriction, including in connection with a merger, acquisition, or sale of assets.

Survival. Sections 6, 7, 8, 11, 13, 14, 15, 16, and 18 survive any termination of your access to the Site.

Entire agreement. These Terms, together with the Privacy Policy and any signed agreement between you and ABR, constitute the entire agreement regarding the Site and supersede prior understandings on that subject.

Force majeure. ABR is not liable for any failure or delay caused by circumstances beyond its reasonable control.

Headings. Section headings are for convenience only and do not affect interpretation.

18. Contact

Email: info@abrbrokerage.com

Phone: 212-292-3142

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