PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Equity Advantage offers this web site located at www.1031exchange.com, to you, the user, conditioned upon your acceptance of the following terms, conditions, policies and notices (“Terms and Conditions”). By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Equity Advantage may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding upon you.
You must be at least 18 years of age to use the Site. You may access and use the Site for personal, non-commercial purposes only. As a condition to your continued use of the Site, you warrant to Equity Advantage that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Equity Advantage reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
Your Equity Advantage Account
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may only use the Site with a parent or guardian.
Equity Advantage may provide chat rooms, message boards and other community forums (“Community Forums”) on the Site. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. Equity Advantage does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Equity Advantage Site. Equity Advantage does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Disclaimer of Warranties
Neither Equity Advantage nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of Equity Advantage results in the need for servicing or replacing property, material, equipment or data, Equity Advantage is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Equity Advantage. Equity Advantage reserves the right to change or discontinue at any time any aspect or feature of the Site.
Equity Advantage does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk. Equity Advantage reserves the right to change or discontinue any aspect or feature of the Site at any time.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Equity Advantage. Accordingly, Equity Advantage assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE SERVICES AVAILABLE ON THE SITE AND THE ACCURACY OF THE INFORMATION CONTAINED WITHIN YOUR ACCOUNT OR WITHIN THE SITE. EQUITY ADVANTAGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR EQUITY ADVANTAGE SERVICES.
Limitation of Liability
IN NO EVENT SHALL EQUITY ADVANTAGE OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE EQUITY ADVANTAGE SITE OR THE CONTENT OF THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EQUITY ADVANTAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUITY ADVANTAGE SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You agree to defend, indemnify and hold Equity Advantage, its officers, directors, employees and agents, licensors and Suppliers harmless from and against any 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 Site in a manner that violates or is alleged to violate these Terms and Conditions. Equity Advantage shall provide you with prompt notice 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.
The Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Equity Advantage of the sites, but is for your reference and convenience only. Equity Advantage has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to Equity Advantage. Nor does Equity Advantage recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
The Site also contains advertisements by third parties. Unless otherwise specifically stated on the Site, Equity Advantage does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the home page of the Site, provided that the hyperlink accurately describes the content as it appears on the Site. Equity Advantage reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within Equity Advantage 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 Equity Advantage.
Equity Advantage retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Site.
You may, however make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Equity Advantage or the copyright owner of the copied material.
None of the material contained on the 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, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Equity Advantage.
All content of Equity Advantage is Copyright © 2008 Equity Advantage, Inc. All rights reserved.
Equity Advantage TM, the Equity Advantage logo, and other Equity Advantage trademarks, service marks, logos, or slogans used on the Site (the “Equity Advantage Marks”) are trademarks or registered trademarks of Equity Advantage. You may not use the Equity Advantage Marks without written authorization from Equity Advantage. By using the Site, you acknowledge that the Equity Advantage Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.
You agree that Equity Advantage may terminate your use of the Site, if Equity Advantage reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Equity Advantage or any third party, or for any reason with or without notice to you. You agree that Equity Advantage may modify or discontinue the Site, with or without notice to you. You agree that Equity Advantage will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with Equity Advantage, Inc., or in any way relating to your use of the Site (“Legal Action”), resides in the courts of the Multnomah County, State of Oregon. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of Oregon. These Terms and Conditions are governed by the internal substantive laws of the State of Oregon, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Equity Advantage must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Equity Advantage may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on Equity Advantage, or by written communication delivered by first class U.S. mail to your address on record in Equity Advantage’s account information. You may give notice to Equity Advantage at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: One Centerpointe Drive, Suite 300, Lake Oswego, Oregon 97035.