WSTR ONLINE TERMS AND CONDITIONS OF USE

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY USING WSTR ONLINE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED AND LINKED TO BELOW.

A Special Note About Children
Children (persons under 18 years of age) are not eligible to use WSTR Online services. If you are a minor, you may only use this service in conjunction with your parents or legal guardians.

Acceptance of Contract Terms
The following are the terms of a legal agreement between you and WSTR. By accessing, browsing and/or using this site ("WSTR Online"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on WSTR Online is protected by law, including (but not limited to) United States Copyright Law. WSTR Online is controlled and operated by WSTR from its offices within the United States; those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

WSTR Online Service Agreement
The WSTR Online Service Agreement governs the terms and conditions of use of all WSTR Online services. In order to use WSTR Online Services, you must register with WSTR and agree to the terms of the User Agreement.

Privacy
WSTR believes strongly in protecting privacy. You should refer to our Privacy Policy to fully inform yourself on how WSTR Online uses and collects information.

Copyright Notice and Use Restrictions
All site materials, including (without limitation) WSTR and WSTR Online logos, designs, text, graphics, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © WSTR Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of WSTR or the copyright owner. You may display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in these materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without WSTR's permission, "mirror" any material contained on WSTR Online on any other server. Any unauthorized use of any material contained on WSTR Online may violate copyright, trademark, privacy, publicity, or regulatory laws or statutes.

Trademarks
Trademarks, service marks, and logos used and displayed on WSTR Online are registered and unregistered Trademarks of WSTR and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of the trademark owner. The name of WSTR or the WSTR Online logo may not be used in any way, including advertising or publicity pertaining to distribution of materials on WSTR Online, without prior written permission. WSTR prohibits use of any WSTR logo (including the WSTR Online logo) as a "hot" link to WSTR Online unless establishment of such a link is approved in advance by WSTR in writing. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners. Any questions concerning the use of trademarks or whether a given trademark is a trademark of WSTR should be referred to WSTR at U.S. (505) 899-1870. A partial list of U.S. Trademarks and Service Marks owned by WSTR includes: WSTR, SuperLooper, and WSTR Online.

Licenses and Site Access
WSTR grants you a limited license to make personal use only of WSTR Online and its services. Such grant does not include, without limitation: (a) any resale or commercial use of the site or its services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of WSTR Online and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You are granted a limited, non-exclusive right to create a hyperlink to WSTR Online provided such link does not portray WSTR or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. If you would like to use a WSTR logo to link to this Site, you must obtain prior written permission from WSTR This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any WSTR trademark, logo or other proprietary information, including the images found at WSTR Online, the content of any text or the layout/design of any page or form contained on a page without WSTR's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a WSTR name, trademark, or product name without WSTR's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of WSTR or any third party.

WSTR makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from WSTR Online, or Web sites linking to WSTR Online. The linked sites are not under the control of WSTR and WSTR is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. WSTR is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by WSTR of the target site or any information contained therein.

Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to WSTR, or postings on WSTR Online, are non-confidential and shall become the property of WSTR   WSTR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to WSTR, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Notwithstanding the foregoing, all personal data provided to WSTR will be handled in accordance with WSTR's Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Acceptable Conduct
This Site includes areas for posting of comments and materials by you and other users, including, without limitation, listing information, graphics, and user feedback. All such postings must comply with the WSTR Online Service Agreement and may not include or describe any item on the Prohibited Items List. In addition, WSTR Online may include discussion forums or other interactive areas, including user feedback areas, chat rooms or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes in accordance with the Service Agreement. You agree not to do any of the following in any posting (including those for any forum or interactive area):

  • Upload to, distribute or otherwise publish through WSTR Online any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
  • Without WSTR's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

WSTR takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, WSTR is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Enforcement
WSTR has the right (but not the obligation) to monitor any posting, activity and Content associated with WSTR Online. WSTR may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, restricting access to and/or removal of posted Content. WSTR reserves the right and has absolute discretion, to remove, screen, deny access or edit any Content that violates these provisions or is otherwise objectionable. WSTR also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect WSTR's systems and customers, or to ensure the integrity and operation of WSTR's business and systems, WSTR may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), network addressing and traffic information, usage history, and posted Content. WSTR's right to disclose any such information shall govern over any terms of WSTR Online's Privacy Policy.

Your Indemnification
You shall remain solely liable for the Content of any posting, messages or other information you upload or transmit to WSTR, including the discussion forums or interactive areas of WSTR Online. You agree to indemnify and hold harmless WSTR from any claim, action, demand, loss, or damages (including litigation fees) made or incurred by any Third-Party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a Third-Party.

Third-Party Content & Services
WSTR may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. WSTR does not monitor nor has any control over any Third-Party Content or third party Web sites. WSTR does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. WSTR does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving WSTR Online, you should be aware that WSTR's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You use these links and Third-Party Content contained therein at your own risk.

Term of Use Revisions
WSTR may at any time revise these Terms of Use by updating this posting. By using WSTR Online, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Disclaimer Warranty
WSTR ONLINE AND ITS SERVICES ARE OFFERED BY WSTR, ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING WSTR ONLINE AND SERVICES (COLLECTIVELY, "WSTR'S PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). WSTR AND WSTR'S PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. WSTR'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT MATERIALS ON WSTR ONLINE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WSTR AND WSTR'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT WSTR ONLINE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WSTR DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING WSTR ONLINE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Limitation of Liability
IN NO EVENT SHALL WSTR AND WSTR'S PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE WSTR ONLINE, ITS SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH WSTR ONLINE OR ITS SERVICES, EVEN IF WSTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Applicable Law and Venue
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FILED ONLY IN STATE OR FEDERAL COURTS LOCATED WITHIN THE JURISDICTION OF STEPHENVILLE, TEXAS, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

Termination
Notwithstanding any of these terms and conditions, WSTR reserves the right, without notice and in its sole discretion, to terminate your license to use WSTR Online, and to block or prevent future access to and use of WSTR Online.

WSTR ONLINE USER AGREEMENT

Welcome to WSTR Online! This Services Agreement describes the terms and conditions that apply to the services offered by WSTR on WSTR Online. You must register and accept the terms of this Agreement in order to use the WSTR Online services. BY REGISTERING FOR AND USING WSTR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

WSTR reserves the right to change any of the terms and conditions contained in this Agreement or any policy or guideline of WSTR Online, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on WSTR Online. Changes or modifications to policies and guidelines may be posted without notice to you. Your continued use of WSTR Online and its services following WSTR's posting of its changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OF WSTR ONLINE.

1. Eligibility
WSTR Online point-of-sale services may only be used by persons who can enter into legally binding contracts under applicable law for the sale or purchase of goods or services. Consequently, we may require a valid credit card number, billing address, and credit card expiration date. We use this information to charge your credit card for fees due to WSTR associated with your purchases from WSTR and to verify your name, address, and other information. Your credit card password and credit card number is not disclosed in aggregate or otherwise to any unauthorized third party but may be disclosed for resolving billing disputes with your credit card company.

2. Fee and Payment Terms
Unless otherwise stated, all fees are quoted in U.S. dollars. The Fees and Payment Terms are subject to change in WSTR's sole discretion. Therefore, the Fees and Payment Terms applicable to any transaction are governed by the terms in effect at the date of the listing of an item for sale on WSTR Online. Shipping terms applicable to an item will be disclosed at the time of purchase. You are responsible for the payment of any and all applicable taxes, shipping and other costs you incur from using WSTR Online services.

3. Third-Party Transactions (Classifieds)
WSTR has no authority to act for other sellers or buyers. WSTR cannot and does not control any other person's behavior in any transaction that occurs through WSTR Online. For third-party transactions, WSTR does not control the nature of any listing posted on WSTR Online. Consequently, WSTR does not assume responsibility for the content, quality, safety or legality of the products advertised on WSTR Online, the truth or accuracy of the listings themselves, the ability of sellers to actually sell the items they have listed, or the ability of buyers to actually buy items they express interest in. Some people's information may be offensive, harmful, inaccurate, incomplete, false, deceptive or misleading. WSTR cannot and does not take responsibility for the quality or authenticity of the items offered by users of WSTR Online or its services. WSTR does not assume responsibility for the content or the context of the listings, including, without limitation, mistakes and typographical errors entered by a seller.

WSTR cannot guarantee that sellers will complete the sale of an item, or that buyers will go through with the purchase of item(s) listed. All risk of participating on WSTR Online or using its services is assumed by the individual buyers and sellers. This includes but is not limited to risks associated with conducting business with foreign nationals, underage persons, or persons acting under false pretense. You hereby release WSTR and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of or relating to your use of WSTR Online and its services, including, without limitation, uncompleted or completed transactions and any claims or disputes between buyers and sellers.

Regarding third-party transactions, WSTR Online serves solely as a forum for buyers and sellers to come together and conduct personal transactions, classified-style, with other buyers or sellers. Except for WSTR products and services wherein WSTR is the actual seller of an item, WSTR is not involved in the transaction between the seller and buyer so payment terms are agreed upon between seller and buyer. You and the other party to the transaction are solely responsible for working out the terms of the sale and exchange of items and services.

4. General Rules and Policies
The policies in this section are expressly incorporated by reference into this Agreement, and you should review each carefully. The Site Terms of Use set forth terms, conditions and restrictions applicable to your access and use of WSTR Online, including copyright and trademark notices. The Prohibited Items List sets forth items that may not be posted on WSTR Online. As discussed below, the WSTR Online Privacy Policy governs the collection and use of user information on WSTR Online. These policies may be changed or modified without notice to you at any time in WSTR's sole discretion and are effective upon posting to WSTR Online. Therefore, you should review these policies regularly.

You agree not to interfere with the operations of WSTR Online. You agree not to impose any unreasonably or disproportionately large load on WSTR Online's systems or facilities. You agree not to put any material on WSTR Online that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information.

UNLESS OTHERWISE SPECIFIED, ALL GOODS OR SERVICES SOLD THROUGH WSTR ONLINE ARE SOLD "AS IS" AND WSTR DOES NOT PROVIDE AND HEREBY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR ANY GOOD OR SERVICE LISTED ON WSTR ONLINE.

5. Obligations of Sellers (Classifieds)
By listing an item or service, you signify your intention and ability to sell that item or service. If you offer an item or service for sale, you are obligated to complete the transaction and acknowledge that not doing so may in some cases be legally actionable by a buyer. You may list any product or service that you have the right to sell. If WSTR does not think your item or service is appropriate for any reason, WSTR reserves the right to delete your listing altogether. You must accurately describe the item or service you are selling and list it in the most appropriate category. Sellers may not list items for sale that are listed on the Prohibited Items List. Sellers who submit unauthorized, illicit, infringing, illegal or otherwise prohibited items or services may be barred from use of WSTR Online at WSTR's sole discretion. WSTR reserves the right to terminate any listing of any such nature immediately or upon notification by law enforcement or a legitimate trademark or copyright holder. The seller of such listings may be subject to suspension or termination from WSTR Online and its services. You must own the right, title, and interest in any and all items and services you seek to sell through WSTR Online. Such items or the sale and shipment of such items must not violate any applicable laws, statutes, ordinances or regulations, including export laws. You are responsible for complying with any and all such laws. Any items you seek to sell through WSTR Online and its services: (a) shall not infringe any third-party intellectual property right (including copyright, trademarks, patent, trade secrets or other proprietary rights); (b) shall not be counterfeit, stolen, or fraudulent; (c) shall not contain any obscene or pornographic materials, including, without limitation, all materials deemed harmful to or inappropriate for minors.

6. Obligations of Buyers (Classifieds)
If your offer for the purchase of a classified item or service has been accepted by the seller you are obligated to complete the transaction unless there are exceptional circumstances such as the terms of sale have changed, you are unable to verify the identity of the seller, or the seller materially changes the description of the item or service after you make your offer. You understand that not completing an otherwise valid agreement may in some cases be legally actionable by the seller. You may not commence purchases under a false name or with an invalid credit card, check, or funds (such fraudulent conduct is a violation of federal and state laws). Fraudulent buyers may be reported to relevant state and federal law enforcement agencies and WSTR will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

7. Authentication and Security
Authenticating persons is difficult over the Internet. Consequently, WSTR cannot and does not positively verify the identity of any user involved in third-party transactions. WSTR strongly urges you to be aware of the risks in dealing with people whom you do not know and that WSTR has no control over these risks. WSTR attempts to assist by offering a safeguard in requiring sellers to be current WSTR membership holders, but this is not foolproof and there are no assurances this system will be accurate or that it cannot be manipulated. In general you should always act with care and communicate with the person on the other side of the transaction to help you evaluate that person, but also to do so thoughtfully and carefully so as not to make yourself unduly vulnerable to someone you do not know.

You may not disclose your WSTR Online password to any other party and are solely responsible for any use of or action taken under your account on WSTR Online. Your password may be used only to access and use WSTR Online services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use WSTR Online services, including, without limitation, computer hardware and software, modems, and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your WSTR Online account.

8. Enforcement
WSTR may investigate any reported violation of this Agreement, its policies or guidelines, or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, members, and/or third parties. WSTR's actions may include, but are not limited to, issuing warnings, suspension or termination of services, and/or removal of or disabling access to content hosted on WSTR systems. WSTR reserves the right and has absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. WSTR also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

9. License
By entering into this Agreement and submitting any information or materials to WSTR , you hereby grant WSTR a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to exercise all copyright and rights of publicity over such materials, in any existing or future media, known or unknown and to use and reproduce those materials as is necessary to provide WSTR Online services. WSTR grants you a limited license to make personal use only of WSTR Online and its services. Such grant does not include, without limitation: (a) any resale or commercial use of WSTR Online or its services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of WSTR Online or its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

10. Your Information and Privacy
WSTR takes reasonable measures to respect the privacy of our users. WSTR will take reasonable measures not to disclose information about you or the contents of your communications in accordance with the WSTR Online Privacy Policy, except that WSTR reserves the right to do so if it believes in its sole discretion that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that any content violates the rights of third parties or the law; or (e) to protect the interests of WSTR , its subcontractors, agents, users or third parties. In addition, WSTR will share your e-mail address when you are involved in a third-party transaction so that the seller and buyer can complete the sale. You agree not to make use of anyone else's information other than as necessary to participate on WSTR Online and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by WSTR regarding another user of WSTR Online services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from WSTR Online, including the use of third-party services, (b) for communications with WSTR , or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by WSTR except as provided by this Agreement or with WSTR's consent. You further agree not to use any information accessible from WSTR Online for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. For more information about WSTR's collection and use of personal data, please read the WSTR Online Privacy Policy.

11. Your Disclaimer of Warranties
You hereby represent and warrant that (a) you possess the legal right and ability to enter into this Agreement; (b) you will use WSTR Online services only for lawful purposes and in accordance with this Agreement and any applicable policies; and (c) you will be financially responsible for the use of your WSTR Online account and all purchases or transactions you enter into through WSTR Online or its services.

12. WSTR's Disclaimer of Warranties
WSTR ONLINE AND ITS SERVICES ARE OFFERED BY WSTR , ITS AGENTS, AND SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING WSTR ONLINE AND ITS SERVICES (COLLECTIVELY, "WSTR'S PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). WSTR AND WSTR'S PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WSTR DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

13. Your Indemnity.
You hereby release, hold harmless, and indemnify WSTR and its affiliates and Providers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by WSTR , arising out of or relating to (a) the violation or breach of any term, condition, representation or warranty of this Agreement; (b) improper or illegal use of WSTR Online services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party.

14. Limitation of Liability
IN NO EVENT SHALL WSTR OR WSTR'S PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE WSTR ONLINE, ITS SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH WSTR ONLINE OR ITS SERVICES, EVEN IF WSTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE WSTR AND ITS PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Termination
In its sole discretion, WSTR may terminate this Agreement or prohibit or suspend access to WSTR Online or its services by you at any time, without prior notice or liability. Termination or suspension may occur, without limitation, if: (a) your use of WSTR Online services violates this Agreement or any applicable policy or guideline, is potentially illegal or harmful to WSTR or any other party, or could subject WSTR to liability or additional expense; (b) providing WSTR Online services becomes technically or commercially unfeasible; or (c) you fail to pay any charges due to WSTR The following contract sections will survive termination of this Agreement and WSTR Online services: "Third-Party Transactions (Classifieds)", "Enforcement", "Indemnification", "Your Disclaimer of Warranties", "WSTR's Disclaimer of Warranties", "Limitation of Liability", and "General Provisions".

16. General Provisions
a. Applicable Law: THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW MEXICO, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN ALBUQUERQUE, NEW MEXICO, AND YOU IRREVOCABLY CONSENTS TO THE JURISDICTION OF SUCH COURTS.

b. Compliance with Laws: You shall at all times comply with all applicable laws and regulations regarding the use of WSTR Online services and your listing, purchase, or sale of items/services on WSTR Online. You shall indemnify and save WSTR harmless from your failure to so comply. You agree that WSTR shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.

c. Disputes: Except for items and services offered by WSTR , WSTR cannot and will not be involved in disputes between parties arising from or related to any third-party transaction.

d. No Agency: WSTR is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

e. Severability: Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect.

f. Claim Limitation: You agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to WSTR Online, use of its services, or this Agreement must be filed within one (1) year after such claim of action arose or be forever barred.

g. Waiver: WSTR's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of WSTR's right to subsequently enforce such provision or any other provisions of this Agreement.

h. Assignment/Resale: You may not assign this Agreement, by operation of law or otherwise, without WSTR's prior written consent. WSTR may assign its rights and obligations under this Agreement without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. You agree not to resell your rights or obligations under these terms and conditions and not to make any unauthorized commercial use of WSTR Online or its services.

i. Notices: Any notice you make to WSTR must be made by either e-mail or regular mail. WSTR may give notice of changes or modifications to this Agreement or other policies applicable to WSTR Online or its services by posting a notice of them on WSTR Online

j. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

WSTR, PROHIBITED ITEMS LIST

The Prohibited Items List is a non-exhaustive list of items that may not be listed on the WSTR Online. Since the list is not exhaustive, the listed "prohibited items" should give you a sense for what you can and cannot list on either WSTR Online classifieds. WSTR reserves the right to update this list in its sole discretion without notice to you. Therefore, you should review this list prior to any posting or if you have any question regarding whether an item or service may be listed. You are obligated by the Site Terms of Use and the User Services Agreement to comply with this list. The prohibited items include:

Infringing or Unauthorized Items or Services.
This includes items that infringe any intellectual property right or proprietary right (copyright, trademark, patent, trade secrets, rights of publicity or privacy). Such items include anything that you do not own the title and right to resell (ie: "pirated software", etc.).

Illegal or Harmful Items or Services.
This includes, without limitation: (1) any stolen or fraudulent items or services and (2) any obscene or pornographic materials, including, without limitation, child pornography or other material harmful to minors.

Prohibited Classified Listings:
- Tied-sales Listings, (ie: require the purchase of additional items or services)
- Excessive or undisclosed shipping or handling fees
- Listings claiming to involve illegal items
- Duplicate listings

WSTR, INC. ONLINE PRIVACY POLICY
 This statement discloses the privacy practices for WSTRoping.com ("WSTR Online").

WSTR wants to demonstrate its commitment to your privacy and this policy statement informs you about what personal information is gathered and tracked from this Web Site and how that information is used.
INFORMATION GATHERED AT OUR SITES
WSTR collects personally identifying information provided through optional, voluntary membership registration on our site. These include:
  1. Membership registration and renewal
  2. Event registration
  3. Online purchases
  4. Publication subscription registration.

We also track the network address of the clients from which people visit us and analyze this data for trends and statistics, but the individual users remain anonymous.

If you choose not to provide the information we request, you can still visit most of WSTR, Inc. web sites, but you may be unable to access certain options, offers, downloads and services. Personal information gathered at WSTR, Inc. web sites may be shared with third parties, such as WSTR partners, or for specific prize awards.

USE OF COOKIES
A Cookie is a tiny piece of text that a Web site desires to transfer to an individual's hard drive for record-keeping purposes. Your browser can be set to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. If your browser does agree to accept the cookie, it is added to your hard drive as a small file; if your browser declines the cookie, WSTR Online will try to send you one with every hit until you accept it. This means every page and item on that page you request from WSTR Online will come with a cookie request unless you already have one.

A cookie's purpose is to let us know that you are a returning visitor to WSTR Online and restore your settings from your privious visit. This cookie, by itself, doesn't tell us your e-mail address or who you are. If you want to give us that information later via sign-in or online purchase, that's your choice. There are several immediate advantages on WSTR Online that you will see through the use of cookies: personalized events, offers, and site access are easier to use with the cookie technology. A cookie also tells us what pages are being used and which ones aren't, helping us make improvements to WSTR Online to better meet your needs and cut down on pages that don't get used.

We want to be sure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you. We know that a lot of people have concerns about cookies, but in talking with many of our users we feel that the benefit we both gain from their proper use is worthwhile. We value the relationships we have with our customers and future customers, so we respect these concerns.

OPT-OUT
WSTR provides web site visitors the opportunity to opt-out of receiving communications from us at the point where we request information about you. During registration, you can choose not to receive our e-mail.
CORRECT/UPDATE POLICY
WSTR, Inc. provides you with an opportunity to correct or change the information collected during registration. The instructions for doing this can be found in our Member Services site. Users may change this information at any time and as often as necessary. Users who are experiencing problems or who have any questions about how our site works can contact us at our Feedback page.
DELETE/DEACTIVATE
WSTR gives you the following option for removing yourself from future communications:
  1. Notice given to WSTR via Email at: info@WSTRroping.com.
  2. If you receive an email promotion or advertisement, you can choose to remove yourself from the mailing list at any time by following the specific instructions found at the footer of the electronic mail.
YOUR ACCEPTANCE OF THESE TERMS
By your use of this site, you signify your assent to the WSTR, Inc. Privacy Policy. If you do not agree to this policy, please do not use our sites. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the WSTR, Inc. web sites following the posting of changes to these terms will mean you accept those changes. The WSTR site contains links to other sites. WSTR, Inc. is not responsible for the privacy practices or the content of such web sites.

BROWSER SECURITY

Providing you with a secure online experience is a top priority of WSTR. We recognize that your privacy and security are of the utmost importance, and we have devoted a great deal of effort to ensure that your personal information is safeguarded.

If you use a security-enabled browser (such as Microsoft Internet Explorer version 2.1 or greater, or Netscape Navigator version 2.0 or greater) paying attention to two browser features will decrease the chances for the unintended or fraudulent use of your personal information:

1. Browser security settings.
Your browser security preference settings are your first line of defense to stopping the theft or unwanted viewing of confidential, personal information. The most popular browsers offer you the ability to receive an alert or notification if any of the following happen or are about to occur:

  • changing between secure and insecure transmission modes
  • receiving an invalid site identification for the site to which you are about to transmit
  • sending a transmission over an "open" or unsecured connection

Check the settings of your browser security features to see all the checks that are possible and those that are currently in place.

2. Browser security signals.
The presence of security measures surrounding the entry of data on a web page is identified in several ways for you on your browser:
  • the URL identifying the page will always begin with "https://" versus the normal "http://".
  • a security symbol will appear to indicate operation in a mode that supports secure transmissions: either a "closed lock" icon is present in the bottom right-hand corner of your Microsoft Internet Explorer browser screen, or an "unbroken key" icon appears in the lower left-hand corner of the Netscape Navigator browser screen

If not using a browser with these standard security features, or if you are still uncomfortable with submitting your personal information via the Internet for any reason, please feel free to Contact Us over the phone or via fax to complete your order.

ENCRYPTION PROTECTION

Encryption is a process by which software is used to scramble sensitive information while it is in transit to and from WSTR Online. Providing encrypted information online has proven overall to be as safe as providing it over the phone. WSTR Online currently uses the industry-standard SSL (Secure Sockets Layer) encryption protocol, but we continue to keep up with current Internet technologies in order to provide the best security for our customers.

SSL encryption is based on a key that has two different parts: the public part and the private part. The public part of WSTR Online's security key is sent to your browser and is used to encrypt your sensitive information before it is sent across the Internet to us. That means, if at any point during the transmission your information is intercepted, it is scrambled and extremely difficult to decrypt. Once your encrypted information arrives, our servers use the private part of WSTR Online's security key to decode your browser transmission.

WSTR Online encrypts your credit card information. All credit cards used at WSTR Online are submitted online. Once submitted, we store credit card information on a secured database. After you key it in, your card information is stored into this database and is only accessed to charge your account or verify your identity; this information is stored in no other place.

Full and Unconditional Release for Participation in any WSTR event

Download Release Form

PARTICIPANT HAS READ AND VOLUNTARILY AGREES TO THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT on this form, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made. By participating I acknowledge that I have been sufficiently informed of the risks involved by my own free act and deed; that by participating I give voluntary consent with full intention to be bound by the same, and free from any inducement or representation. Whether signed or not, by participating, I agree that this waiver will remain effective from time of entry at any WSTR event, including qualifiers forward whenever I participate in any WSTR event.

Each participant is fully aware, completely understands, and accepts that participation in any WSTR Event, whether as a contestant, independent contractor, employee, volunteer, exhibitor, sponsor or spectator, is dangerous and that the events and activities associated with, relating to, arising out of, and concerning this participation present substantial, serious, and real risks of personal injury or death to the participant, and the loss of, damage to, or destruction of the participant's personal property including livestock. Participant further acknowledges, that The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets I acknowledge its risks of contraction. I am fully and personally responsible for my own safety and actions while and during my participation and I recognize that I may be at risk of contracting COVID-19 and may be unintentionally exposed and harmed due to COVID-19. With full knowledge of the risks involved, I hereby release, waive, and discharge per this release, liability for all claims related to COVID-19.

In Consideration of being permitted to participate in, enter upon any venue or any facility including the SOUTH POINT HOTEL AND CASINO and associated facilities for the event of the World Series of Team Roping Finale and its individual qualification events, I and all persons under my management and control including minor children, acknowledge the dangers inherent with COVID-19, the dangers inherent in horse related events, and in the use of the facilities. I fully and completely accept and assume these substantial, serious, and real risks whether or not apparent, known, unknown, foreseen, unforeseen, present, or contingent, and whether or not caused by any negligence of the RELEASED PARTIES (as defined below), or the negligence of any contestant, volunteer or spectator including but not limited to, any negligence associated with the design or designing, staging, supervising, maintaining or in any way presenting, conducting or sponsoring the Event, further I agree to use extraordinary care and prudence in my activities and those of charges, and do: HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the organizers or any subdivision thereof, chairmen, agents, officials, Gaughan South LLC dba South Point Hotel and Casino and associated facilities, any other facilities used for a WSTR event, Equine Network, LLC, dba World Series of Team Roping, its sponsors, and each of their agents, servants, employees, and representatives (collectively, the "RELEASED PARTIES"); and HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASED PARTIES from any claim, demand, or liability for personal injuries or property damage arising from participation or use and enjoyment of the event and facilities.

PROMOTIONAL MATERIALS: As a Participant(s) I grant permission to the World Series of Team Roping and its assigns/or the South Point Hotel and Casino or its assigns to use photographs, videos, recordings and/or words said by participants in its promotional and advertising materials without notification or compensation.

ASSURANCES. As a participant I fully understand and agree that this Release is to be interpreted and applied in the broadest and most comprehensive manner in favor of the RELEASED PARTIES. As a participant I agree that I have full power authority, capacity and right without limitation to sign, deliver and perform this Release. This release shall be and is binding upon the participants and his/her spouse, legal representatives, heirs, successors, and assigns. The participant agrees that the laws of the States of New Mexico govern this Participation Release. The participant also agrees that upon entry to any event, I have read and understand said agreement whether the signature has been returned or not.

ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Dispute Resolution: In the event of any dispute relating to this Agreement, the relationship between Equine Network, LLC ("EN") and you (including but not limited to your membership in the WSTR and/or USTRC or as a Key Card holder), or any other dispute between EN and you (including but not limited to disputes regarding any claim, demand, or liability for personal injuries or property damage arising from participation or use and enjoyment of any sponsored event and facilities, claims of negligence, breach of contract, fraud or any claims based upon a written law and any disputes concerning any agents, partners, employees, officers, insurers, related entities, or persons of either you or EN), both EN and you agree to final and binding arbitration before a single neutral arbitrator (the "Arbitrator") applying New Mexico law, including in connection with any issue relating to the scope or proper interpretation of this arbitration obligation.

Either party may initiate the arbitration process by filing an initiating document with American Arbitration Association ("AAA"), or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for the AAA or the mutually agreed upon arbitration service. Unless otherwise required by applicable law, the arbitration will be conducted in Albuquerque, New Mexico.

EN and you agree to share equally in the cost of the arbitration, except that each side is responsible for its own attorney's fees and costs, unless the Arbitrator determines that a claim or defense was put forward in bad faith or in a frivolous manner, resulting in a reallocation of fees or costs as the Arbitrator may reasonably decide.

Unless this provision is prohibited by applicable law, you expressly represent and agree that in any dispute or arbitration proceeding, you can and will only seek to represent and advance your own interests; you shall be prohibited from seeking to assert a claim on behalf of any other party or person, either on a multi-party, representative, or class action basis; and in no event shall you be entitled to seek punitive or exemplary damages, or consequential or remote damages, in the absence of proof of knowing and intentional misconduct expressly approved or ratified by EN.

It is important that you make an informed decision about the implications of arbitration and that you understand the advantages and disadvantages of forgoing a judicial forum and proceeding with arbitration if a dispute arises. You agree that this dispute resolution process is not required by law, regulation, or ethical standard, but is an important provision to EN that is required in the acceptance of your membership to participate in a WSTR and/or USTRC event. By entering into this binding arbitration provision, you agree and acknowledge that:

  • You and EN are waiving the right to submit the dispute to a judge or jury, although you and EN both retain the right to seek immediate injunctive or declaratory relief, including relief by ex parte expedited proceedings, in the case of breaches of confidence or violations of law or equity that require immediate judicial intervention in the protection of either, or both, parties' protected privacy, safety, or ethical rights or interests;
  • Pre-arbitration discovery is generally more limited, and different from, the discovery allowed in court proceedings, and you and EN jointly request that the Arbitrator affirmatively prohibit discovery unless it is deemed actually necessary to the preparation of a party's case, in conformity with principles of due process, with the Arbitrator still directed to impose reasonable time, manner, and location limitations in order to expedite the discovery and overall resolution of the dispute;
  • The Arbitrator's award is not required to include factual findings or legal reasonings, and it may contain factual or legal errors that cannot be reviewed on appeal or through separate legal challenge;
  • This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA");
  • The Arbitrator is entitled to grant any remedy that an administrative agency, court, or jury would be entitled to issue, except for those damages or limitations noted above; and
  • Judgment on any arbitration award may be entered in any court having jurisdiction, and the parties consent to the jurisdiction of the state or federal district court for the purpose of entry of the Judgment and any requirements contained therein.

By signing this Agreement and becoming a member of WSTR and/or USTRC or a Key Card holder, you warrant that you have received sufficient information regarding the arbitration process and have had the opportunity to seek any advice from independent counsel in reviewing the Agreement and its arbitration provision, allowing you to make an informed decision with respect to forgoing a judicial forum. In addition to the information about arbitration provided above, the rules and regulations for arbitrations conducted by the AAA are available for review on their website at www.adr.org. If you have any questions, you may contact consult your own independent counsel.

Further, Equine Network, LLC, dba, World Series of Team Roping has the right to refuse entry to anyone for any reason it deems necessary, including but not limited to classification issues.

ROPERS YOUNGER THAN 21 NOT ELIGIBLE TO ROPE IN any division other than the Open or #14.5. If signing for any minors under eighteen (18) years old, please list the names, ages, and relationship to you on this release.

Questions or concerns should be directed to the WSTR Office at 505-898-1755.
WSTR: 7500 Alamo Rd NW Albuquerque, NM 87120, info@WSTRoping.com or fax 505-792-3143.