We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
This User Agreement was last updated on June 18th, 2015.
Responsible Use and Conduct
By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
By your use of the Website you acknowledge and agree that:
1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You acknowledge that we have the right, upon written request, to receive proof of the accuracy of all information you provide to us through the Website or otherwise.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained in this User Agreement, and may incur criminal or civil liability for any such unauthorized activities.
7. You affirm, represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to publish any and all transaction or other data that you enter into the Website or otherwise submit to us (the “Data”). You hereby license to Usevantage.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Data for any and all purposes, including but not limited to publication of such Data on the Website. For the avoidance of doubt, you retain all of your ownership rights in the Data you provide to us. However, by submitting Data to us, you grant Usevantage.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Website and all of our (and our successors’ and affiliates’) businesses, including without limitation, for promoting and redistributing the Data in any media formats and through any media channels that we in our sole discretion deem appropriate.
8. In addition to our use of the Data, we may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools, you agree that you will not upload, post, share, or otherwise distribute any content that:
o Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
o Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
o Contains any type of unauthorized or unsolicited advertising; or
o Impersonates any person or entity, including any Usevantage.com employees or representatives.
We have the right to remove any content that we, in our sole discretion, determine (a) does not comply with the terms and conditions of this User Agreement or (b) is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
10. You agree to indemnify and hold harmless Usevantage.com and its affiliates, and their respective directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Usevantage.com gives all users a 30-day free trial of our product before we require any payment. During the 30-day free trial, you will have access to all features within Usevantage.com. Once the 30-day free trial has expired, you must have a paid Usevantage.com account in order to access any feature on the Usevantage.com Website (including previously created transactions, contacts, leads, etc.). Usevantage.com reserves the right to block you from any and all features if you don’t have a paid account, and can change which features you get blocked from at any time that you don’t have a paid account.
Any user from within your brokerage must have a paid account in order to access and use Usevantage.com. Any user from a different brokerage that you add to a transaction, as well as any third parties or clients that you add to a transaction, do not need to have a paid account to use Usevantage.com as long as you have a paid Usevantage.com account. If you do not have a paid Usevantage.com account, then users from a different brokerage that you add to a transaction, as well as any third parties or clients that you add to a transaction, will no longer be able to access the transactions that you add them to.
If you attempt to circumvent the 30-day free trial offer by creating multiple user accounts, or if you attempt to circumvent paying for accounts as required by the above terms, then Usevantage.com reserves the right to terminate any and all accounts that are in violation of these terms, and you will lose any and all data associated with these accounts.
Usevantage.com does not provide any refunds for any payments you make to our company under any circumstances. All payments made by you to Usevantage.com are non-refundable, regardless of how you view the performance of our product and/or regardless of your intentions when paying for our product.
If you ever wish to cancel future payments under your subscription, you can do so by emailing us at info@Usevantage.com with the subject line "Cancel Subscription". We will respond to you and take care of the request within 24 business hours. Subscription cancellation requests made under any other method by you will not be honored, and you will be responsible for all future payments that continue to be charged to your account until you cancel your subscription in the manner required above.
If your credit card payment fails when renewing your monthly or annual subscription, you will need to either A) make the funds available with your existing credit card on file so that we can re-process the payment, or B) log into Usevantage.com to delete the current credit card on file, and provide a new credit card with available funds.
After your credit card payment fails the first time upon your subscription renewal, we will automatically try re-processing your payment at the same time the next day, and then automatically a third time two days from the first day. If your payment fails three consecutive times, then your Usevantage.com subscription will automatically be cancelled, and you'll need to re-subscribe in order to access your Usevantage.com account. In addition, if you have any special discounted pricing, you will lose that discounted pricing.
Usevantage.com also reserves the right to keep trying to re-process your card at any point within 30 days after the third credit card payment fails upon your subscription renewal, unless you email us back and formally cancel your paid subscription (as stated above in the section on how to cancel your subscription). If we are able to successfully re-process your credit card payment at any point within 30 days after your third credit card payment fails upon your subscription renewal, your subscription will automatically be re-instated, and you will be able to access everything within your Usevantage.com account again. If your payment doesn't clear when we try and re-process it, then you will not be able to access your Usevantage.com data until you formally re-subscribe on your own. Again, no refunds under any circumstances for any re-processed payments.
Limitation of Warranties
By using our Website, you expressly acknowledge and agree that all Resources we provide are “as is” and “as available”. While we have a history of providing 99.9% uptime of our site, we do not represent or warrant to you or offer you any assurance whatsoever that:
1. The use of our Resources will meet your needs or requirements.
2. The use of our Resources will be uninterrupted, timely, secure or free from errors or bugs.
3. The information obtained by using our Resources will be accurate or reliable, and
4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you expressly acknowledge and agree that:
5. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. No information or advice, whether expressed, implied, oral or written, obtained by you from Usevantage.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly acknowledge and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Usevantage.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content, materials, and data available on Usevantage.com, including but not limited to text, graphics, website name, code, images, logos, data, or any other information that can be found on the Usevantage.com Website, are the property of Usevantage.com, and are protected by applicable copyright and trademark law. Any prohibited or inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any data or other content on the Website is strictly prohibited, unless specifically authorized in writing by Usevantage.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any or no reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
We do not honor requests to delete user accounts from our system. Once you create an account, it will remain in our database, system, Website, et. al for as long as we choose to leave it there.
This Website is controlled by Usevantage.com from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in San Francisco, California, USA, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, USEVANTAGE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
1507 7th Street #253
Santa Monica CA 90401, USA