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Terms of Service

Last updated: August 7, 2026

Welcome to MercatoList. These Terms of Service (“Terms”) govern your access to and use of the MercatoList website at mercatolist.com and any related services (collectively, the “Service”), operated by MercatoList (“MercatoList,” “we,” “us,” or “our”). By accessing or using the Service, creating an account, or submitting a listing or inquiry, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. What MercatoList Is — and Is Not

MercatoList is an online marketplace and listing platform that connects people interested in buying and selling businesses in the New York City area. We provide the venue; we are not a party to any transaction between users.

MercatoList is not a business broker, real estate broker, dealer, financial advisor, investment advisor, accountant, appraiser, or law firm. We do not represent buyers or sellers, do not negotiate or facilitate transactions, do not hold funds in escrow, and do not receive commissions on sales. Nothing on the Service constitutes financial, investment, legal, tax, or accounting advice. You should retain your own qualified professionals before entering into any transaction.

2. No Verification of Listings or Users

Listings — including asking prices, revenue, cash flow, seller’s discretionary earnings (SDE), lease terms, financial figures, photos, and all other content — are created and provided by users, not by MercatoList. We do not independently verify, audit, endorse, or guarantee the accuracy, completeness, legality, or reliability of any listing, financial figure, or user representation.

You are solely responsible for conducting your own due diligence — including independently verifying all financial information, licenses, permits, leases, and legal matters — before relying on any listing or entering into any transaction. Any reliance you place on information found through the Service is strictly at your own risk.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it current. Notify us immediately of any unauthorized use of your account.

4. Listing Rules and User Content

By submitting a listing, review, message, or any other content, you represent that:

  • You have the right and authority to list the business or post the content;
  • The information is accurate and not misleading, and you will keep active listings up to date and mark them sold or off-market when appropriate;
  • The content does not infringe any third party’s intellectual property, privacy, or other rights, and does not violate any law;
  • You will not post spam, fraudulent, duplicate, discriminatory, or unlawful content, and will not misrepresent your identity or affiliation.

You retain ownership of content you submit, but you grant MercatoList a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content for the purpose of operating, promoting, and improving the Service. This license continues for content you have made public even after your account is closed, to the extent needed for backups, records, and legitimate business purposes.

5. Prohibited Conduct

You agree not to:

  • Scrape, harvest, or collect other users’ personal information or contact details, whether by automated means or otherwise;
  • Use the Service to send unsolicited communications, or to circumvent our inquiry and messaging systems for the purpose of spamming users;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service;
  • Post malware, or attempt to probe, scan, or test the vulnerability of any system;
  • Use the Service for any unlawful, fraudulent, or deceptive purpose.

6. Fees

Access to core marketplace features is currently offered free of charge. We may introduce paid features in the future; any fees will be disclosed before you incur them.

7. Third-Party Links and Services

The Service may contain links to third-party websites or rely on third-party services (for example, mapping, email, image hosting, and authentication providers). We are not responsible for the content, policies, or practices of any third party.

8. Intellectual Property

The Service — including its design, text, graphics, logos, and software (excluding user-submitted content) — is owned by MercatoList and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service without our prior written permission.

9. Account Termination and Content Removal

We may, at our sole discretion and without notice, suspend or terminate your account, remove or edit any listing or content, or restrict access to the Service — including for violations of these Terms, suspected fraud, or to protect the Service or its users. You may close your account at any time by contacting us.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MERCATOLIST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LISTING OR INFORMATION IS ACCURATE OR COMPLETE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCATOLIST AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY TRANSACTION BETWEEN USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify and hold harmless MercatoList from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your content, your violation of these Terms, or your violation of any law or third-party right.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be communicated through the Service or by email where appropriate. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Reach us through our contact page.

See also our Privacy Policy, which explains how we handle your information.