TERMS OF SERVICE
Last Updated: May 17, 2026
1. INTRODUCTION
These Terms of Service ("Terms") govern your access to and use of the website located at https://summit.fcbb.com (the "Site"), and any forms, scheduling tools, content, downloads, SMS programs, email communications, and online services we provide through the Site (collectively, the "Services"), provided by First Choice Business Brokers Utah, operated by ONDMTN LLC ("FCBB Utah," "we," "us," or "our").
By accessing or using the Site or the Services, you agree to these Terms and to our Privacy Policy, available at https://summit.fcbb.com/privacy-policy. If you do not agree, do not use the Site or the Services.
2. ELIGIBILITY
You must be at least 18 years old and able to form a legally binding contract to use the Site or the Services. By using the Site, you represent and warrant that you meet these requirements.
3. DESCRIPTION OF SERVICES
FCBB Utah is a business brokerage and lower-middle-market mergers and acquisitions advisory firm. The Site provides general information about our services, business listings, market commentary, educational content, valuation tools, and contact and scheduling options. Specific advisory, brokerage, and transaction services are provided only under separately signed written engagement agreements.
4. NO LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE
The Site, the Services, and all content available through them (including articles, calculators, guides, downloads, summaries, drafts, presentations, valuations, and other materials) are provided for general informational purposes only. They do not constitute legal, tax, accounting, financial, investment, or professional advice.
You should consult your own qualified legal counsel, tax advisor, accountant, financial advisor, or other appropriate professional before making any decision based on information available through the Site or the Services.
5. NO GUARANTEE OF SALE OR TRANSACTION OUTCOME
Buying and selling a business is complex and depends on many factors outside our control. We make no representation, warranty, or guarantee regarding:
- That any business will be sold or sold within any particular time frame.
- The value, marketability, or sale price of any business.
- The availability, terms, or approval of any financing, including SBA financing.
- The actions, conduct, intent, financial qualifications, or follow-through of any buyer, seller, lender, landlord, franchisor, or other transaction participant.
- The outcome of any due diligence, negotiation, closing, or post-closing event.
All listings, valuations, projections, and forward-looking statements available through the Site or the Services are based on information available at the time and are subject to verification, change, withdrawal, and prior sale without notice.
6. AI-ASSISTED CONTENT
We use AI tools and workflow automation in connection with our business, including for drafting communications, summarizing documents, preparing marketing materials, and performing business and market analysis.
You acknowledge that:
- Some communications, summaries, drafts, valuations, presentations, or analyses you receive from us may be prepared with the assistance of AI tools.
- AI tools can produce errors, omissions, outdated information, and other inaccuracies.
- Material decisions should not be made in reliance on AI-assisted output alone.
- All material matters should be independently verified, and you should consult qualified professionals before relying on any AI-assisted content for a legal, tax, financial, or transaction decision.
We use AI tools with human review and supervision for material work product. Additional information about our use of AI is provided in our Privacy Policy.
7. NO BROKER-CLIENT, FIDUCIARY, OR CONFIDENTIALITY RELATIONSHIP FROM SITE USE ALONE
Visiting the Site, submitting a form, scheduling an appointment, sending an email, exchanging text messages, or otherwise communicating with us through the Site or our marketing channels does not, by itself, create:
- A broker-client or advisor-client relationship.
- A fiduciary duty.
- An agency relationship.
- A duty of confidentiality enforceable beyond the limited commitments stated in our Privacy Policy.
- Any obligation by FCBB Utah to represent you, list your business, present buyers, provide valuations, or otherwise perform services.
A broker-client relationship and any related duties of confidentiality, fiduciary obligation, or agency are created only when you and an authorized representative of FCBB Utah sign a written engagement agreement specifying the scope, duties, fees, and terms of the engagement.
For your own protection, do not transmit highly sensitive, confidential, or proprietary business information through unprotected channels before a written engagement is in place.
8. INTELLECTUAL PROPERTY
The Site, the Services, and all content on the Site, including text, graphics, logos, marks, photographs, videos, audio, software, data compilations, layouts, and the "First Choice Business Brokers" name and marks, are owned by FCBB Utah, its affiliates, or its licensors and are protected by intellectual property and other laws.
You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial review of our services. You shall not:
- Copy, reproduce, modify, distribute, display, perform, publish, or create derivative works from any Site content, except as expressly permitted.
- Use the Site or the Services in any manner that infringes any intellectual property right.
- Scrape, crawl, harvest, index, or systematically extract data from the Site without our prior written permission.
- Use any automated system, bot, or script to access, monitor, or interact with the Site, except for standard search-engine indexing.
- Reverse engineer, decompile, or otherwise attempt to derive source code or underlying ideas from the Site or the Services.
- Use the Site to develop, train, or fine-tune any AI or machine-learning model.
- Misrepresent your identity or affiliation, or impersonate any person.
- Interfere with or disrupt the Site, its security, or its underlying infrastructure.
- Use the Site for any unlawful purpose or in violation of these Terms.
We reserve all rights not expressly granted.
9. USER SUBMISSIONS
If you submit information, documents, or other content to us through the Site, by email, by upload, or otherwise, you represent that you have the right to do so and that your submission does not violate any law or any third party's rights. We may use the submission for the purposes described in our Privacy Policy and as reasonably necessary to provide our Services.
10. THIRD-PARTY SERVICES, LINKS, AND EMBEDDED TOOLS
The Site uses or links to third-party services, platforms, tools, and websites, including CRM platforms (such as GoHighLevel), embedded calendars and scheduling tools, embedded forms, cloud storage, email and SMS providers, analytics and advertising platforms, listing portals, and external sites. These third-party services are provided by their respective operators under their own terms and privacy policies.
We do not control and are not responsible for the availability, content, security, accuracy, or practices of third-party services. Your use of any third-party service is at your own risk and subject to the terms and policies of that provider. The inclusion of a link or embedded tool does not imply our endorsement of the third party.
11. SMS / MESSAGING SERVICES
The following terms apply specifically to our SMS / text messaging communications, in addition to the general SMS provisions in our Privacy Policy.
- Program description: Our SMS program allows users who opt in to receive transactional, service, marketing, and promotional messages, including updates on listings, market information, special offers, and similar content, from FCBB Utah through our registered A2P 10DLC number.
- Consent: By providing your mobile phone number and opting in (through a checkbox, web form, keyword, or similar mechanism), you consent to receive recurring text messages from us. Consent to receive marketing messages is not a condition of purchase or service. You affirm that you are the subscriber or authorized user of the mobile number provided and are at least 18 years old.
- Message frequency: Message frequency varies based on your engagement. Typical frequency is up to 2 messages per month, and may increase during specific programs or campaigns.
- Message and data rates: Message and data rates may apply. Check with your wireless carrier for details. We are not responsible for carrier charges related to text messaging.
- Opt-out: You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. You will receive a single confirmation message, and no further messages will be sent unless you re-opt in.
- Help: Reply HELP to any message, email TeamSummit@fcbb.com, or call 435-800-4400 for assistance.
- Carrier disclaimer: Wireless carriers are not liable for delayed or undelivered messages.
- Mobile data sharing: Mobile information, including opt-in data and consent, is not shared with third parties or affiliates for their marketing or promotional purposes. This restriction applies to all use case categories.
12. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You consent to receive communications from us in electronic form, including by email, text message, and posting on the Site. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Where you sign documents electronically in connection with our Services, you agree that:
- Your electronic signature has the same legal effect as a handwritten signature.
- Agreements may be executed in counterparts, including electronic counterparts.
- Records of electronic transactions, including signed agreements and disclosures, may be maintained electronically.
This consent applies to all communications and agreements between you and FCBB Utah, except where applicable law requires a different form of communication or signature.
13. DISCLAIMER OF WARRANTIES
The Site, the Services, and all content provided through them are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, FCBB Utah disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, and freedom from error, virus, or harmful component.
We do not warrant that the Site or the Services will be uninterrupted, secure, timely, error-free, or that any defects will be corrected.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall FCBB Utah, ONDMTN LLC, the FCBB franchise system, or any of their respective officers, directors, members, employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunity, or loss of goodwill, arising out of or relating to your use of or inability to use the Site or the Services, your reliance on any content available through the Site or the Services, any AI-assisted content, any third-party service or platform, any SMS or messaging service, any scheduling or CRM tool, any transmission of data over the internet, or these Terms.
In no event shall the aggregate liability of FCBB Utah and its affiliates arising out of or relating to your use of the Site or the Services exceed one hundred dollars ($100), regardless of the form of action or theory of recovery.
These limitations apply even if FCBB Utah has been advised of the possibility of such damages and regardless of the failure of any limited remedy of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.
This Section does not limit, and is in addition to, any limitation of liability provisions in a separately signed engagement agreement, which control the terms of that engagement.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FCBB Utah, ONDMTN LLC, and their respective officers, directors, members, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or the Services; (b) your breach of these Terms; (c) your violation of any law or any third party's rights; or (d) any content or information you submit through the Site.
16. GOVERNING LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any action or proceeding arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in the state or federal courts located in Summit County, Utah, and the parties consent to the jurisdiction and venue of such courts.
This Section governs disputes related to the Site and the Services. Disputes arising under a separately signed engagement agreement are governed by the dispute resolution provisions of that agreement.
17. MODIFICATIONS
We may modify these Terms at any time. The updated version takes effect on the date posted, indicated by the "Last Updated" date at the top of these Terms. Your continued use of the Site or the Services after the update takes effect constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Site and the Services.
18. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable and to reflect the parties' original intent.
19. NO WAIVER
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
20. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any separately signed engagement agreement between you and FCBB Utah, constitute the entire agreement between you and FCBB Utah with respect to your use of the Site and the Services, and supersede any prior or contemporaneous agreements or understandings on the subject.
21. CONTACT
For questions about these Terms, contact us at:
ONDMTN LLC, dba First Choice Business Brokers Utah
875 Iron Horse Drive, A213
Park City, UT 84060
Email: TeamSummit@fcbb.com
Phone: 435-800-4400
