Last updated: March 2nd, 2017 Terms of Use Thank you for using TakeStar, a service provided by TakeStar LLC., a Delaware corporation (“TakeStar,” “we,” “our” or “us”). These Terms of Use (the “Terms”) explain the agreement you make with us when you access and use our mobile applications, websites, software and other services (collectively, the “Services”). PLEASE REVIEW THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BE BOUND BY EVERYTHING IN THE TERMS. IF YOU DO NOT AGREE, YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.
  1. Summary of Services and Basic Terms
These Terms apply to all websites, software, mobile applications, tools and resources developed, offered or operated by TakeStar. The Terms apply to you and all other users of the Services (“you,” and “Users”). TakeStar connects Users who need stuff moved to their neighbor with a truck. Users who provide vehicles and moving, hauling or labor services on the Services are called “TakeStars.” TakeStar does not provide transportation, carrier or labor services. TakeStar provides information about Users and TakeStars, and provides a marketplace for Users and TakeStars to independently connect and do business with each other. TakeStar will have no responsibility or liability for any services, transportation or otherwise, that are independently exchanged between Users and TakeStars. Some terms apply specifically to TakeStars. Those terms are found in Section 4 below. RESERVATION & CANCELLATION POLICY FOR USERS Please allow a two hour window for the driver to arrive to you. The amount paid herein is for the service below. Any additional hours needed to complete the service below, will be billed to your card on file, at an additional $60 per hour per helper. Any changes to your schedule, such as dates, truck sizes, or cancellation, TakeStar must receive a 48 hours written notice with your name and order number to support@takestar.com or else your deposit will be forfeited. Any cancellation the day of the actual move, full payment will be forfeited. You allow TakeStar, LLC. to charge your card on file for any additional service, fees, or labor. TakeStar charges per one-hour increments. Please note, TakeStar service is a peer-to-peer moving and delivery service platform, which connects background-checked drivers and helpers who use their own vehicles to perform customers job. TakeStar drivers are fully responsible for loading, driving, unloading, and placement, as well as any delays, rescheduling, loss or damage of any items. In-case of any loss or damage, TakeStar will mediate between driver and customer to resolve issues to the best of our ability As a general policy, you are exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you will be solely responsible. We collect, store and use certain electronic information about you when you use the Services in the ways we explain below and in the Privacy Policy. We have attempted to provide clear explanations of our information policies so you can make meaningful decisions about whether to use the Services. TakeStar respects and values the privacy of your information, and we take voluntary steps to protect it as best we can. That said, we cannot guarantee the complete security and privacy of Users. More information about the privacy and security of your information is available below and in the Privacy Policy. We may change the Services from time to time without notice. We may stop providing the Services, or restrict use of the Services, without notice and for any reason. We rely on third-party providers for certain parts of the Services. Because of this and for other reasons, the Services may be unavailable, interrupted or terminated from time to time for many reasons (including routine maintenance). Unless otherwise specified in these Terms, use of the term “User(s)” or “you” will include TakeStars as well as all other Users. By using the Services, you agree that TakeStar will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally, unless specifically described otherwise in these Terms.
  1. Personal Information; Privacy; Security
By using the Services, you acknowledge and agree that TakeStar collects, stores and uses certain electronic information about you. To understand specifically what information we collect, and how we store and use that information, please carefully read these Terms and review our Privacy Policy for more information. If you do not agree to our information policies, you cannot use the Services. We only use information about our Users to improve the Services – meaning, we are able to respond better to your requests, provide better updates to the Services and communicate better with you. We only collect personal information that you choose to provide through your Account on the Services. If you do not want us to have particular information about you, then do not publish that information on your Account or post that information on the Services. We do not collect or scrape additional personal information from your computer, contacts, email or other personal sources. TakeStar uses third-party providers to process payments and fees on the Services. You acknowledge and agree that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security. You specifically acknowledge that you understand that the third-party terms and conditions will apply to your financial information collected to enable and process the required payments on the Services. We also collect and use generalized, anonymous information about all Users. This information cannot be used to identify or isolate your personal information. We do not share personal information about Users with third parties, unless the third party relationship is for the limited purpose of improving the Services provided to you and the particular third party expressly agrees to honor and follow our information, privacy and security policies as set out in these Terms and the Privacy Policy. We do not sell or share your personal information for unrestricted third party use. TakeStar cares about the security of User information. Information we collect and store is password protected, both at your specific Account level and at our administrator level. We may implement additional security features in the future. However, TakeStar cannot guarantee total security of your Account and information. By using the Services, you agree that you provide your personal information and content at your own risk. You are solely responsible for maintaining the security of your Account and password. You will automatically receive various messages from us, and you may receive communications from our partners (including advertising and marketing messages). You may change or opt out of certain communications through your Account Settings page. However, in some instances, we may need to provide you with service announcements and administrative messages. These particular communications are a necessary part of the Services. You cannot opt-out from receiving these communications. TakeStar values the importance of protecting children’s privacy. To protect that privacy, we take the following steps: (i) use of the Services is not allowed for persons under the age of 13; and (ii) use of the Services by Users between the ages of 13 and 18 is subject to the eligibility requirements set out in Section 3 below. By using the Services, you agree that TakeStar will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section.
  1. Eligibility and Your Obligations as a User
You must be able to form a binding contract to use the Services. By using the Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Services. Any attempt by a person under the age of 13 to use the Services will be automatically void. If TakeStar receives credible notice that a User is under 13 years old, we will automatically remove the account associated with the User and delete all information about and from that User from the Services. You must create an account with TakeStar (your “Account”) to receive the full benefit of the Services. You agree to provide truthful and complete information for your Account. If you create an Account as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. To the extent you are allowed to register for the Services by using existing third-party accounts or profiles (ex: Facebook Connect), you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security. Access to and use of password protected and secure areas of the Services is restricted to authorized Users. Unauthorized persons who access or attempt to access these parts of the Services will be prosecuted. You are solely responsible and liable for all activity that occurs on and through your Account, or in connection with your Account. THIS SPECIFICALLY INCLUDES ALL TRANSPORTATION, HAULING, LABOR, CARRIER AND MOVING SERVICES THAT YOU CHOOSE TO USE AND PURCHASE THROUGH THE SERVICES (AND ALL CONSEQUENCES OF THOSE SERVICES). You are solely responsible and liable for safeguarding the security and accuracy of your Account and notifying TakeStar of any unauthorized use of your Account. There are certain things you cannot do on the Services: You will not provide false information; create an account for anyone other than yourself without that person’s permission; use a name of another person with the intent to impersonate or disparage that person; use a name that is subject to rights of a third party without the proper authorization; or use a name or post any content anywhere on the Services that is offensive, vulgar, obscene or otherwise unlawful. You will not provide services to or otherwise have any interactions with any other User that are injurious, threatening, violent, abusive, harassing, defamatory, invasive of privacy, tortious, obscene, vulgar or profane to the User. You will not provide any services or conduct any action on or through the Services that are (i) in furtherance of illegal activities, (ii) false, fraudulent or deceptive; or (iii) otherwise unlawful. You will not reverse engineer, reverse compile, reduce to human readable form or derive (or attempt to derive) the source code of any software associated with the Services. In these Terms, “reverse engineer” will mean the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of the underlying technology of the Services. You will not access or tamper with non-public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without the prior consent of TakeStar; use the Services to send altered, deceptive or false information; or interfere with or disrupt (or attempt to do so) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming or scripting the Services. You will not create or help create any product or service that is derivative or competitive with the Services. TakeStar reserves the right to charge fees for use of the Services. TakeStar will post current pricing information and payment policies on the Services at www.TakeStar.com/pricing. All payments will be due and payable immediately on reserving / booking of individual TakeStars via the Services. All payments to TakeStar through the Services will be non-refundable. We may offer special promotional offers through the Services that may or may not apply to you or your Account. By using the Services, you agree to be bound by the terms of the special offers. The Services may not be available in all geographic areas. The Services are available only to Users with internet and network connections capable of supporting the Services. You are solely responsible for obtaining internet and network connections capable of supporting the Services. TakeStar may, in its sole discretion and for any reason, (i) refuse to offer the Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Services at any time. You may voluntarily cancel your Account at any time through your Settings page. Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that TakeStar will not be liable, and you will indemnify, hold harmless and reimburse TakeStar for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
  1. Eligibility and Obligations as a TakeStarer
The Services connect people who need stuff moved to their neighbor with a truck. Users who provide vehicles and labor are called “TakeStars.” The terms of this Section 4 apply to all TakeStars. TakeStarer must be at least 23 years of age. TakeStarer must have a valid United States driver’s license. TakeStarer must be authorized to operate a motor vehicle. TakeStarer must have all appropriate federal, state and local licenses, approvals and authority necessary to provide transportation, carrier and labor services to third parties in all locations that the TakeStarer uses the Services. TakeStarer must own, or have the legal right to operate, the vehicle the TakeStarer uses when providing services through the Services. TakeStarer’s vehicle(s) must be in good operating condition and meet all industry safety standards and all other applicable statutory and state requirements. TakeStarer must have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that will be enforceable against and cover any anticipated claims and expenses related to providing services through the Services. TakeStarer must comply with all applicable federal, state and local laws with respect to the actions performed by TakeStarer on and through the Services. TakeStarer will provide true and accurate responses (and will provide prompt updates, as necessary) to all information requested by TakeStar, including, but not limited to, personal information, insurance information and vehicle information. TakeStarer will not perform any services on or through the Services if any information provided to TakeStar about the TakeStarer has materially changed and has not been reported to TakeStar, or in any vehicle not reported to TakeStar. TakeStarer will not make any false or misleading representation to Users about or in connection with services performed on or through the Services or about TakeStar. TakeStarer will be individually and solely responsible for all claims, liability, obligations, damages, costs and expenses (whether actual or threatened) that result from or in connection with a TakeStarer providing transportation and moving, hauling and labor services through the Services, including, but not limited to, personal injury, death and property damage. TakeStarer and Users will be individually and exclusively responsible, in the event of a vehicle accident or other property damage, for all necessary action and compliance with respect to claims made on either party’s insurance carriers. TakeStarer agrees to provide all additional information and consents and to take all additional actions that are or may later be required in TakeStar’s sole discretion to authorize TakeStarer to provide or to continue providing services on or through the Services under applicable federal, state or local law. TakeStarer acknowledges and agrees that this may include authorizations for TakeStar to obtain the driving records, criminal records and consumer records of the TakeStarer. By using the Services, each TakeStarer represents and warrants that all of the foregoing representations and requirements are true, and represent and warrant that he or she will provide fully updated information to TakeStar, before providing further services on or through the Services, if any of the foregoing representations and requirements become untrue. Further, by using the Services, each TakeStarer acknowledges and agrees that TakeStar will not be liable, and that the TakeStarer will indemnify, hold harmless and reimburse TakeStar for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to TakeStarer’s failure to comply with any of the terms and obligations set out above. Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your Account and prosecution for damages.
  1. Use, Information and Content on the Services
You will have exclusive responsibility and liability for all information and content published on or through your Account, whether publicly posted or privately transmitted. TakeStar is not responsible or liable for any User information or content, or any consequence, loss or damage (direct or indirect) caused by or related to User information or content. TakeStar does not represent or guarantee completeness, truthfulness, accuracy, appropriateness or reliability for any content or information posted on the Services, or endorse any opinion expressed on the Services. If you choose to use or rely on information or content posted on or obtained through the Services (whether published by Users or TakeStar), your use or reliance is at your own risk. By using the Services you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, misleading or otherwise deceptive. TakeStar does not monitor content provided by Users and will not censor or remove User Content, except in the limited circumstances described in these Terms. You agree that TakeStar will not be responsible or liable for any content on or made available through the Services under any circumstance. When you use or provide information on the Services as a User, or provide transportation, moving, hauling or labor via the Services as a TakeStarer, you represent and warrant that your use: Does not include personal identification, financial, or confidential information about yourself that you expect to be treated differently than as described in these Terms and the Privacy Policy; Is not counterfeit or stolen; Does not infringe or violate the intellectual property or proprietary rights of TakeStar or any third party; Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content); Does not violate any contractual obligation; Is not false, fraudulent or deceptive; Is not threatening, violent, abusive, harassing, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate; Is not unsolicited advertising, junk mailing, or spamming; Does not contain software viruses, malware/phishing or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of TakeStar or third party equipment, software, or systems; Does not impersonate any person without such person’s prior consent; Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent; Does not solicit Users or guests to use other on- or off-line services that are competitive with TakeStar; Does not attempt by any method to determine source code or underlying algorithms of any part of the Services; Does not falsely imply affiliation with or sponsorship by TakeStar without the prior written consent of TakeStar; or Does not breach any of the terms or conditions of these Terms or the Privacy Policy. TakeStar reserves the exclusive right to determine whether information you post or make available on the Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your Account without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse. The Services may include advertisements and other marketing messages from TakeStar and its partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that TakeStar and its third-party partners may advertise on the Services, including, but not limited, targeted advertisements related to content posted by you or others. Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that TakeStar will not be liable, and you will indemnify, hold harmless and reimburse TakeStar for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
  1. Our License to Your Account and Content
When you use the Services, you keep your rights to information you submit, post or make available on or through the Services. However, by using the Services, you grant TakeStar an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for TakeStar to promote and improve the Services by any action, including promotional or commercial uses, and to make your information available to certain third parties that partner with TakeStar. We may modify or adapt your information in order to transmit, display or distribute it in various media, networks, forms and devices. By using the Services you agree that you will not be entitled to any compensation from TakeStar (or other companies, organizations or individuals who partner with TakeStar) for your information or for use of your information, including promotional or commercial uses. You understand and agree that since your information may be distributed or published by TakeStar and our partners, you may be subject to liability if you do not have the legal right to use, submit or publish the information on the Services. In that event, you will be exclusively responsible for your use of the Services, for all information and content you submit and publish, and for all consequences arising from both, including the use of your information by other Users and our third party partners. TakeStar will not be responsible or liable for any use or consequence of your information (whether by TakeStar, a third party partner or other User). By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information and content posted or made available by you on and through the Services, and to grant the licenses given to TakeStar in this Agreement. Failure to comply with any of the terms and obligations set out in this Section 6 will be a breach of these Terms and may result in termination of your Account and prosecution for damages. You agree that TakeStar will not be liable, and you will indemnify, hold harmless and reimburse TakeStar for any consequence, loss, damage or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
  1. Our Rights as TakeStar
TakeStar exclusively and perpetually owns and holds all right, title and interest in and to the Services and all information and content published by TakeStar on the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the TakeStar name or any of the TakeStar trademarks, logos, domain names, distinctive brand features or other intellectual property or content in any way. We reserve the right to terminate, suspend or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you. We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests; and (v) protect the rights, property or safety of TakeStar, our Users and the public. Feedback, comments and suggestions you provide about TakeStar or the Services is entirely voluntary. We are free to use all feedback, comments and suggestions without any obligation or compensation to you.
  1. Your License to Use the Services
When you use the Services, TakeStar gives you a limited, personal, revocable, non-transferable and non-exclusive license to use the Services. This limited license is only so you may use and enjoy the benefit of the Services as provided by TakeStar as allowed under these Terms. This license is revocable at will and may be terminated by TakeStar without notice to you.
  1. Intellectual Property Disputes
TakeStar reserves the right in its sole discretion to remove accounts and content that are alleged to infringe the intellectual property of others without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for content violations. TakeStar will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998. If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the material claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner. You must provide this notice to our agent for notice of alleged intellectual property infringement: TakeStar LLC Attn: Intellectual Property Agent 3422 Old Capitol Trail Wilmington DE 19808 On receipt of proper notice, we will take the actions that we consider appropriate in our sole discretion, including removal of the challenged material from the Services and termination of user accounts.
  1. Termination
These Terms will continue to apply until terminated by either you or TakeStar. You may end your legal agreement with TakeStar at any time for any reason by deactivating your Account(s) and discontinuing your use of the Services. You do not need to notify TakeStar when you stop using the Services. If you stop using the Services without deactivating your Accounts, TakeStar may eventually deactivate your Account(s) for prolonged inactivity. TakeStar may suspend or terminate your accounts (or quit providing you with all or part of the Services) at any time for any reason, including, but not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for TakeStar; or (iii) the Services are no longer commercially viable. In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 4, 5, 6, 8, 9, 10, 11 and 12.
  1. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of TakeStar and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “TakeStar Entities”). BY USING THE SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.
  1. The Services are Available “AS-IS”
TakeStar has no fiduciary or special relationship with you. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. TakeStar WILL NOT AND WILL NOT BE DEEMED TO PROVIDE TRANSPORTATION, HAULING, LABOR, CARRIER OR MOVING SERVICES. TakeStar ONLY PROVIDES INFORMATION AND FACILITATES CONNECTIONS BETWEEN INDIVIDUALS WHO MAKE INDEPENDENT AND SEPARATELY NEGOTIATED DECISIONS ABOUT WHETHER TO TRANSACT FURTHER BUSINESS THROUGHOUT THAT CONNECTION. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TakeStar ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. TakeStar DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR (i) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE OR (ii) ANY CONTENT SUBMITTED OR PUBLISHED BY A THIRD PARTY OR USER THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE. TakeStar WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND OTHER USERS, TakeStars OR THIRD PARTIES. The TakeStar Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure or error-free basis; and (v) any third-party claims, consequence, loss or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the TakeStar Entities or through the Services, will create any warranty not expressly made in these Terms. IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY OR LINKED SITE.
  1. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the TakeStar Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Links to such websites or resources do not imply endorsement by TakeStar, LLC Entities of the websites, resources or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.
  1. Third-Party Providers and Partners
TakeStar relies on third-party providers and partners for parts of the Services, including, but not limited to, the services independently offered by TakeStars. You acknowledge and agree that the TakeStar Entities are not responsible or liable for: (i) the availability, functionality or accuracy of the parts of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss or damage (direct or indirect) arising from third-party providers and partners. On written request by a User, TakeStar will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are implemented in the Services.
  1. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TakeStar ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER, TakeStarer OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, TakeStars OR THIRD PARTIES; (iii) ANY SERVICES PURCHASED OR ACCEPTED ON OR THROUGH, OR CONTENT OBTAINED FROM, THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TakeStar ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TakeStar, IF ANY, FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE TakeStar ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
  1. Indemnification
By using the Services, you agree to indemnify, hold harmless and reimburse TakeStar and its officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, including but not limited to any activity and content associated with your Account (whether by you or a third party) unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by TakeStar. TakeStar reserves the right to assume exclusive control of and direct the defense of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with TakeStar in the defense.
  1. General Terms
  2. Waiver and Severability
The failure of TakeStar to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.
  1. Controlling Law and Jurisdiction
These Terms and any dispute related to the Terms will be governed by the laws of Delaware without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 13C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Wilmington, Delaware, United States, and you consent to the exclusive jurisdiction and venue of those courts.
  1. Dispute Resolution
You agree that you will notify TakeStar in writing of any dispute or problem related to the Services. TakeStar will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: TakeStar, LLC, Attn: 3422 Old Capitol Trail; Wilmington DE 19808 Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Wilmington DE, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.
  1. Consent to Electronic Communication
By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address associated with your Account and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from TakeStar will be deemed effective when sent to the email address associated with your Account or when posted publicly on the Services.
  1. Entire Agreement
These Terms and the Privacy Policy are the entire and exclusive agreement between TakeStar and you about the Services. These Terms supersede and replace any other or prior agreements between TakeStar and you about the Services. Other than users of the group of companies of which TakeStar, LLC., is the parent, no other person or company will be third party beneficiaries of the Terms. If these Terms conflict with any other documents, these Terms will control. We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: www.TakeStar.com/terms. If we believe in our sole discretion that a revision is material, we may also notify you by e-mail. By continuing to use the Services after revisions are effective, you will be bound by the revised Terms. These Services are operated and provided by TakeStar LLC. 3422 Old Capitol Trail; Wilmington DE 19808 If you have any questions about the Terms, please contact us at support@takestar.com By registering for and/or using Services in any manner, including but not limited to visiting or browsing the TakeStar mobile application or website, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies and/or procedures that may be published by TakeStar from time to time on the Services, each of which is incorporated by reference and may be updated by TakeStar at any time without notice to you. These Terms apply to all users of the Services without exception. Effective: March 2nd, 2017