Personal and Noncommercial Use
The Web site is for your personal use and for noncommercial purposes, except as expressly provided on the Web site, including for the sale or purchase of goods in the DealTaker Garage Sale forum or to engage in commerce with third-party merchants whose websites are accessible from the Web site. You may not make commercial use of the data or content found on this site, including, without limitation, “scraping” or other manual or automated methods of collecting user e-mail addresses or other user data, product descriptions, product prices, or any other information or content on the Web site. As a condition to your continued use of the Web site, you warrant to DealTaker that you will not (i) use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions, (ii) make any use of the Web site that, in DealTaker’s sole determination, imposes an unreasonable burden on DealTaker’s systems, (iii) make any attempt to gain unauthorized access to the Web site, or any user account, computer system, or network connected to this Web site, including by hacking, password mining, “phishing”, or other illicit means, or (iv) use this Web site in connection with any referral programs, pyramid schemes, chain letters, or spam operations.
Unless you are subsequently advised otherwise by DealTaker, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. DealTaker reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site. You are not authorized to create any hyperlinks that would state or imply a sponsorship or affiliation with DealTaker or the Web site or portray DealTaker or the Web site in a false, misleading, or otherwise objectionable manner.
Commerce on Third-party Web Sites. You may wish to purchase goods or services advertised or featured on the Web site that are offered by merchants on third-party web sites. All transactions on third-party websites are between you and the third-party merchant. DealTaker shall have no responsibility whatsoever in the event that a dispute arises between you and a third-party merchant. DealTaker does not endorse any product or service or make any representation regarding the reliability, quality, safety, availability or accuracy of any information, products, or services provided on or through third-party web sites accessible via hyperlinks on the Web site.
Coupons and Other Offers on the Web Site. The Web site may contain coupons, promotions, or other offers relating to goods or services offered by third-party merchants. DealTaker does not control and cannot guarantee the accuracy, validity, or legality of any coupon, promotion, or other offer made available on the Web site, regardless of whether such coupon, promotion, or other offer is provided by DealTaker or by a user of the Web site.
Commerce on the Web site. Portions of the Web site, such as the ‘DealTaker Garage Sale’, may offer users the ability to buy or sell products or services directly on the Web site. You must be at least 18 years of age to buy or sell products on the Web site. DealTaker makes no guarantees and provides no protections with respect to the conduct of buyers or sellers on the Web site. You fully assume all risk of participating in transactions on the Web site, including any damages or harm arising out of your disclosure of personal information to another user. DealTaker is not a party to any transaction between users and has no responsibility to resolve any disputes arising out of any transactions occurring on the Web site. DealTaker shall have no responsibility whatsoever relating to the transactions conducted by users on the Web site.
Disclaimer of Liability. You acknowledge and agree that DealTaker shall not be liable for any loss, damage, or injury arising out of (i) transactions between users occurring on the Web site, (ii) any use of a third-party website, including transactions between users and third-party merchants, (iii) any coupons, promotions, or other offers made available on the Web site by DealTaker or other users.
Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of DealTaker and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, DealTaker hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by DealTaker in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
DealTaker may allow you to upload, post, transmit or otherwise provide information or content to the Web site, including, but not limited to, photos, video, audio, comments, product listings, coupons, and any other information or content that you post or otherwise transmit to the Web site (“User Content”). You agree that you are solely responsible for any User Content that you post to the Web site.
Rules Governing User Content. This Web site, including any portions of the Web site that allow users to post User Content, may only be used for lawful purposes and in accordance with these Terms and Conditions. You agree to abide by the following rules in using the Web site:
Do not post User Content to the Web site if you are under the age of 13;
Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
Do not provide User Content that is harmful to minors in any way;
Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
Do not provide User Content containing expressions of bigotry, racism or hate;
Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
Do not provide User Content that infringes on the copyright, trademark, patent, trade secret (including unauthorized disclosure of any nonpublic information concerning a third party’s anticipated product sales, discounts, rebates, new product launches, or other proprietary information), or other intellectual property rights of others;
Do not provide User Content that violates the privacy or publicity rights of others;
Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage, restrict, or provide unauthorized access to any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit to the Web site any content belonging to another party, without the prior written consent of the owner of such content. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. You are solely responsible for any damages resulting from violation of the copyright, trademark, or other rights of a third party that arise out of User Content that you submit to the Web site.
DealTaker’s Right to Remove User Content. DealTaker shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by DealTaker from time to time. If DealTaker is notified or otherwise determines, in its sole discretion, that any User Content violates these Terms and Conditions, DealTaker may remove or request the removal of such User Content. In addition, regardless of whether such User Content violates these Terms and Conditions, DealTaker reserves the right (but is not obligated) to edit or delete any User Content posted on the Web site that DealTaker, in its sole discretion, views as objectionable or otherwise likely to inhibit the enjoyment of the Web site by other users.
DealTaker’s Right to Use User Content. DealTaker reserves the right to record, re-purpose or re-publish User Content, including, for example, on its web sites, newspapers, and broadcast stations. By posting User Content, you are granting to DealTaker, its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content submitted by you and/or to incorporate (in whole or in part) such User Content in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold harmless DealTaker, its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, yours or another person’s use of User Content that you submit to the Web site, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service, or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
NOTE TO USERS. DealTaker does not control and is not responsible for User Content posted to the Web site and does not represent or guarantee the truthfulness, accuracy or reliability of any User Content. ANY RELIANCE UPON USER CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. DealTaker shall not be liable in any way for damages or harm arising out of User Content, including, without limitation, claims that such User Content is offensive, defamatory, obscene, or violates your rights or the rights of others.
Provide incomplete or inaccurate information about yourself;
Select a user name or provide any other information with the intent of impersonating and/or defaming another person;
Select a user name or provide any other information that violates the intellectual property or other rights of a third party; or
Select a user name that is objectionable or offensive as determined by DealTaker, in its sole discretion.
You are responsible for maintaining the confidentiality of your user name and password and are responsible for all activity (whether by you or others) that occurs under your account. You are encouraged to notify DealTaker immediately of any actual or suspected breach of security relating to your account. In no event will DealTaker be liable for any loss or damage resulting from any use (whether authorized or not) of your account by a third party.
Termination of Privileges
DealTaker reserves the right to suspend and/or terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions or if, in DealTaker’s sole determination, your conduct on the Web site is objectionable or would otherwise inhibit the enjoyment of the Web site by other users. Without limiting the foregoing, if DealTaker receives notice or otherwise discovers that you have violated (whether or not repeated) another party’s copyright, trademark rights, rights of privacy or publicity, or any other rights of a third party, DealTaker may terminate your access to the Web site, including all of your privileges or accounts and related information that you may have established or obtained in connection with the Web site. All of the disclaimers, exclusions of liability, and indemnification obligations set forth in these Terms and Conditions shall survive any suspension or termination of your privileges hereunder.
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. DEALTAKER MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. DealTaker, ITS AFFILIATES, SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS, OR OTHER PARTIES USED TO PROVIDE THE WEB SITE DO NOT WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DealTaker DISCLAIMS LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR ANY THIRD-PARTY SITES ACCESSIBLE FROM THE WEB SITE.
No agent or representative has the authority to create any warranty regarding the Web site on behalf of DealTaker. DealTaker reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DEALTAKER, ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE OR A THIRD-PARTY SITE ACCESSIBLE THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO DEALTAKER, OR ITS AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you. In such states, DealTaker’s liability with respect to the Web site and any third-party web site accessible through the Web site is limited to the greatest extent permitted under applicable law.
In the event that you become dissatisfied with the Web site, including all information, products, or services available on or through the Web site, your sole and exclusive remedy is to discontinue your use of the Web site.
You agree to defend, indemnify and hold DealTaker, its affiliates, subsidiaries, and all of their officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered through the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. DealTaker shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of DealTaker. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from DealTaker or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
“DealTaker”, is a registered trademark of DealTaker, LLC, and is protected by state and federal trademark laws. Other trademarks may appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
DealTaker will not tolerate copyright infringement of any kind. DealTaker does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending DealTaker notice that includes all of the following information:
your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for DealTaker to locate the material
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to DealTaker’s designated agent for receiving copyright infringement notices:
***Please use this contact information only to report copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions***
Upon receipt of notice complying with the above requirements, DealTaker will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.
If DealTaker removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying DealTaker’s designated agent in writing and including the following information:
your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia, and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
your physical or electronic signature
Upon receipt of a notice meeting the above requirements, DealTaker will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, DealTaker will replace or enable access to the removed material unless DealTaker receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing are subject to substantial civil liability to DealTaker and/or the copyright owner or Web site user.
The Web site is controlled and operated by DealTaker from its principal office in the Commonwealth of Virginia, United States of America. DealTaker makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject DealTaker to the laws or jurisdiction of any state, country or territory other than the State of Colorado and the United States of America.