TERMS AND CONDITIONS 

GetABead.com is an online auction and classified ad website located in Austin Texas owned by e-Sell It! Your Town, LLC. Doing business as Sell It! Your Town^TM.


1. USE AND RESTRICTIONS.
The use of GetABead.com implies the user's full acceptance, without restrictions, of these Terms and Conditions. The user will after registration get access to and/or will use various services and contents (hereinafter, the "Services and Contents"), placed at the disposal of the user. Sell It! Your Town^TM shall have the discretional right to deny, restrict or condition the total or partial access to GetABead.com, as well as to modify the Services and Contents of GetABead.com, at any time and without the need of prior notice.

The user recognizes that some Services and Contents may only be used after prior subscription or registration by the user and/or the payment of a fee.


2. INTELLECTUAL PROPERTY.
All intellectual property rights regarding the Services and Contents and the distinctive signs, trademarks and domains of GetABead.com, as well as the rights to use and exploit the same, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of Sell It! Your Town^TM. The user will not acquire any intellectual property right through the use of the Services and Contents of GetABead.com and in no event will such use be considered as an authorization or license to use the Services and Contents with purposes other than those contemplated in these Terms and Conditions.


3. INTELLECTUAL PROPERTY OF THIRD PARTIES.
The user agrees that the provisions contained in paragraph 2 above, regarding title to the intellectual property rights of Sell It! Your Town^TM, are also applicable to the rights of third parties with respect to the Services and Contents of the pages linked to GetABead.com.


4. PERMITTED USES.
The use of the Services and Contents of GetABead.com is the exclusive responsibility of the user, who shall use them in accordance with the functionalities permitted by GetABead.com and in accordance with the uses authorized in these Terms and Conditions. Therefore, the user agrees to use them in such a way that they do not breach the rules of use, attempt fradulant methods to avoid fees, and accepted etiquette of the Internet, the laws Texas and the U.S. and the applicable law of the country where the user is located at the time of use, the customary practices, the dignity of individuals and the rights of third parties. GetABead.com is for the personal use of the user, therefore, the user may not commercialize the Services and Contents in any way.  Results of unacceptable actions by users will result in banning from website.


5. PROHIBITIONS.
The user does not have the right to use the Services and Contents of GetABead.com in sites or in personal pages or pages of third parties, without the prior written authorization of Sell It! Your Town^TM. The user is prohibited from posting any unseemly or pornographic/adult items deemed unsuitable for all audiences to view, based on Sell It Your Town's interpretation.  Likewise, the user does not have the right to limit or to constrain any other user from using GetABead.com.


6. FEES AND SERVICES
Joining and bidding on items at GetABead.com is free. When you as a buyer list an item you have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time without prior notice. Unless otherwise stated, all fees are quoted in U.S. currency. You are responsible for paying all fees associated with using the service and the Site and all applicable taxes.


7. GetABead.COM IS A VENUE.
GetABead.com is not an Auctioneer. Although GetABead.com may be referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow individuals and companies come together to buy and sell items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.


8. BIDDING AND BUYING
As a seller, you are obligated to complete the transaction with the buyer if you are the highest bidder at the end of an auction, unless the transaction is prohibited by law or by these Terms and Conditions.

By bidding on an item you agree to be bound by the conditions of purchase set forth by the buyer. Bids are not retractable except in exceptional circumstances, such as: when the Buyer materially changes the item's description after you bid; a clear typographical error is made or you cannot authenticate the Buyer’s identity.


9. DISCLAIMER
GetABead.com is provided 'as is' without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that make it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of GetABead.com.


10. GOODS AND SERVICES OF LINKED THIRD PARTIES.
It is allowed to place hyperlinks of and to GetABead.com without prior permission.

The products and/or services that are commercialized on the third parties' sites linked to GetABead.com are furnished by independent merchants. Sell It! Your Town^TM is not and shall not be considered as a supplier of the goods and/or services that are offered in such sites. The inclusion of links, does not imply the approval, support, sponsorship, recommendation or guarantee, from Sell It! Your Town^TM, with respect to the services and goods that are commercialized thereat, nor the contents of such pages. There is no labor relationship or association between Sell It Your Town^TM and such third parties. All advise, counseling, representation, information and contents of pages of third parties linked to GetABead.com, represent the opinions and judgments of such third parties. Therefore, Sell It! Your Town^TM shall not be held responsible for any damages to the user caused thereby, including, among others, damages caused by the loss of data or programs.


11. ACCESS CODES AND CONFIDENTIAL NUMBERS.
The user is solely responsible, at all times, for the confidentiality of its account numbers, personal passwords, access codes and confidential numbers, through which it has access to the Services and Contents of GetABead.com, as well as to the pages of third parties. The user is responsible for all costs charged to his account.


12. MODIFICATIONS.
Sell It! Your Town^TM shall have the right to modify at any time the Terms and Conditions. As a result, the user must carefully read the Terms and Conditions every time he/she intends to use GetABead.com. New revisions of these terms and Conditions will however be marked with revision number and date of issue.


13. PRIVACY POLICY
We guarantee as a third party to all transactions facilitated by “GetABead.com” that all information provided by both Buyers and Sellers in the process of registration, or any data received as part of a transaction, will not be misused/used, transferred or sold to any third party and will only be used for the purposes defined herein.

The information you provide will solely be utilized for registration purposes and where required as a functionality of “GetABead.com” to facilitate “Reverse Auctions”.

Additionally we guarantee that we won't bombard you with follow up emails soliciting your continued use of this product!

As an unregistered user, the “GetABead.com” website does not store or capture personal information, but merely logs the user's IP address which is automatically recognized by the web server.

As a registered user, the “GetABead.com” system will in addition to the above, record the information that you enter including your e-mail address and other statistical data for internal use only. Such use may be for internal accounting purposes and to notify you regarding program updates and enhancements to “GetABead.com”.

Under Texas and U.S. statutory legislation, Sell It! Your Town^TM is solely permitted to utilize data provided by clients in Sell It! Your Town’s^TM normal course of business. Collection of data for purposes contrary to normal ethical business practices such as the collection of data for resale to third parties is strictly prohibited.


14. APPLICABLE LAWS AND JURISDICTION.
For the interpretation, fulfillment, and execution of this Agreement, the parties agree that the laws of Texas shall be applicable, and the courts of Houston shall be the legal venue.