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.
