User
Agreement
PLEASE READ THESE TERMS BEFORE USING THIS SITE
TakeAdvantage.com
This document describes the terms and conditions on which TakeAdvantage.com
("Anthony Capialbi. the domain name Registrant") offers
a user ("You") access to our services. If You have a question
about these terms or our service, please contact us at sales@takeadvantage.com
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TakeAdvantage.com OFFERS
YOU ACCESS TO ITS SERVICES. BY USING OUR WEBSITE AND ITS SERVICES,
YOU ACCEPT THE TERMS AND CONDITIONS BELOW. THIS AGREEMENT IS INTENDED
TO BECOME AND BECOMES A LEGALLY ENFORCEABLE CONTRACT. YOU AGREE TO
THE FOLLOWING TERMS:
Acceptance
of Terms.
By
using our site You agree to these Terms. TakeAdvantage.Com may revise
these Terms from time to time, notice of change isn't required so
please read this Agreement if you see that it has been revised since
the last time you read it. The revision date is indicated above. If
You do not agree to the changes, You may discontinue your account
or use of this site. The Revised Terms shall automatically be effective
30 days after they are initially posted on our site. Your continued
use of our Service will signify your acceptance of the revised Terms.
This Agreement may not be otherwise amended except in writing signed
by both parties.
Right to Amend Terms. Anthony capialbi reserves the right to amend
or modify the terms contained in this Agreement at any time by posting
the amended terms on its site. The amended terms shall automatically
be effective once they are posted on this WebSite, and shall affect
all agreements entered into after that date. This Agreement may not
be otherwise amended, except in a writing signed by both parties.
Eligibility
for Services.
YOU MUST BE AT LEAST 18 YEARS OF AGE AND ABLE TO FORM LEGALLY BINDING
CONTRACTS UNDER APPLICABLE LAW TO COMPLETE AN EXCHANGE. If You do
not qualify, please do not commit to an exchange, trade, purchase,
or other transaction with advertisers, buyers, sellers, or vendors
on TakeAdvantage.Com. If you are below the age of majority and cannot
legally enter into contracts under the law of the state where you
reside, you may not use our services to either buy, sell, or trade
goods and services on TakeAdvantage.Com. reserves the right to refuse
services to anyone, at any time for any reason.
TakeAdvantage.Com is a "WebSite" or "Internet Site"
that acts as a portal for the exchange of goods and services offered
by companies, organizations, and individuals. We are not involved
in the actual transaction between exchanging and trading partners.
As a result, we have no control over the quality, safety or legality
of the items being exchanged or traded, the truth or accuracy of
listings, the ability of users and advertisers, vendors, organizations,
to fulfill their obligations in an exchange or trade agreement.
We may use or license third party informational content or databases
to aid our users in their listings, but this information is provided
"as is", without warranty or condition, express or implied,
about its accuracy or completeness. We cannot and do not control
whether or not exchangers and traders will complete their part of
an exchange or trade. In addition, please note that there are risks
of dealing with underage persons or people acting under false pretense.
THE INFORMATION DISPLAYED AT THIS SITE IS PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WEBFORE, INC.
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE MATERIALS, EVEN IF WEBFORE, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Use of this Site and any claims relating to the
information displayed at this Site shall be subject to the laws
of the State of New York. Any web sites which may be linked to this
Site are under the control of the host entity. Anthony Capialbi.
is not responsible for the content of display contained therein.
Indemnification.
Sellers,
Buyers, Traders, Users, Members agrees to indemnify and hold TakeAdvantage.Com,
and Anthony Capialbi, registrant of the domain name, harmless, including
reasonable attorney fees and court costs, from any claim, damage or
liability caused or occasioned by sellers’ breach of the above
warranties.
TakeAdvantage.Com is Only a Facilitator. Our site acts as a facilitator
for users to list, post, sell, buy, trade, exchange, barter goods
and services on our website. We are not involved in the actual transaction
between buyers and sellers. We specifically disclaim any responsibility
over the sale, trade, barter, or exchange between members and users
over the legality of the terms advertised. In addition, note that
there are risks of dealing with foreign nationals, underage persons
or people acting under false pretense.
Your Information and Content.
Your
information includes any information You provide to us or other users
during the registration, exchanging, trading or listing process, in
any public message area or through any email feature ("Your Information").
You are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information.
However, we may take any action with respect to such information we
deem necessary or appropriate in our sole discretion if we believe
it may create liability for us or may cause us to lose (in whole or
in part) the services of our ISPs or other suppliers.
Rules
about Content.
You
agree that Your Information and the items You offer for exchange or
trade on TakeAdvantage.Com:
1. will not be fraudulent or involve the sale of counterfeit or stolen
items;
2. will not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy (See our Copyright Policy for more information);
3. will not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising);
4. will not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing;
5. will not be obscene or contain child pornography;
6. will not contain any viruses, Trojan horses, worms, time bombs
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; and
7. will not link directly or indirectly to or include descriptions
of goods or services that: (i) are prohibited under this Agreement;
or (ii) You do not have a right to link to or include.
8. Prohibited Items. Furthermore, You may not post on our site or
exchange or trade through our site any item that could cause us to
violate any applicable law, statute, ordinance or regulation.
9. Indemnification. You will indemnify, defend and hold us harmless
if we get sued by a third party which suit arises out of your breach
of the Section entitled Your Information and Content.
10. The License You Grant to Us. You agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through
multiple tiers) right to exercise the copyright and publicity rights
(but no other rights) You have in Your Information, in any media now
known or not currently known, for the purpose of offering our Services.
11. Privacy. TakeAdvantage.Com will only use Your Information in accordance
with our Privacy Policy. The complete terms of our Privacy Policy
are part of this agreement so You should read it. Please note that
when You voluntarily disclose personal information in Take Advantage.Com
exchanging and trading areas, that information can be collected and
used by others.
Handling
Disputes.
We
do not and cannot be involved in dealings between advertisers, sellers,
buyers, and users. In the event that You have a dispute with one or
more users, You release TakeAdvantage.Com, and Anthony Capialbi (and
our agents and employees) from claims, demands and damages (actual
and consequential) of every kind and nature arising out of or in any
way connected with such disputes. If You are a California resident,
You waive California Civil Code §1542, which says: "A general
release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor."
Use Common Sense and Exchange Safely. We cannot nor do we try to control
the information provided by other users which is made available through
our system. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that You will use caution -- and
common sense -- when using our site. We always encourage our users
to Exchange Safely.
System
Integrity.
You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the TakeAdvantage.Com
site or any trade being conducted on our site. You may not take any
action which imposes an unreasonable or disproportionately large load
on our infrastructure. You may not disclose or share your password
to any third parties or use your password for any unauthorized purpose.
Release
of Liability.
In
the event that you have a dispute with one or more sellers, advertisers,
or buyers, you release Anthony Capialbi and its agents and employees
from any claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code §1542, which states: "A general release does
not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor."
Remedies
for Misuse of Your Account.
Without
limiting any other remedies, Anthony Capialbi may suspend or terminate
your advertiser privileges and account if you are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have
engaged in fraudulent activity in connection with our site.
Breach.
We
may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your use of our WebSite, including canceling
any of your current listings, if you breach this Agreement, or if
we are unable to verify or authenticate any information you provide
to us.
Fees
and Services.
Our current Fees and Payments Policies are subject to change without
notice. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all applicable taxes and duties and
for all goods, service and other costs You incur to trade, procure
a listing from us, or access our servers. We reserve the right to
change or discontinue, temporarily or permanently, some or all of
our services at any time without notice.
Right
of Refusal.
TakeAdvantage.Com,
Anthony Capialbi, reserves the right to refuse a classified listing
or posting to any person or any other organization, company or other
entity, at any time, and for any reason.
No
Warranty.
USE
OF THE TAKEADVANTAGE.COM WEBSITE AND OUR SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND
OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WHATSOEVER.
Some states doe not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives
you specific legal rights and you may also have other legal rights
which vary from state to state.
Limit
of Liability.
IN
NO EVENT SHALL WE, TAKEADVANTAGE.COM, ANTHONY CAPIALBI. BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCES, IS LIMITED TO ONE HUNDRED DOLLARS ($100) US currency.
General
Compliance with Laws.
You
shall comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of our service and your bidding on, listing, purchase
and sale of items.
No
Agency.
You
and Anthony Capialbi are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee relationship
is intended or created by this Agreement.
General.
This
Agreement shall be governed in all respects by the laws of the State
of New York as such laws are applied to agreements entered into and
to be performed entirely within New York between new york residents.
We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by
numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be struck, and the remaining provisions shall be enforced. Headings
are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Disclosures.
The
services hereunder are offered by Anthony Capialbi. Our administrative
mailing address is: PO Box 090-242 Brooklyn, New York 11209-0005.
Our principal offices are located in Brooklyn New York.
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