Woodanew.com Terms of Use
1. Acceptance
of Terms
The following are the terms of a legal agreement (the "Terms of Use") between you and Stick Trade, LLC (the "Sticktrade," or "we," as used herein), which manages the web site Woodanew.com.
Sticktrade, from time to time and in its sole discretion, may modify the
terms of these Terms of Use without further notice to you. If we materially change these Terms of Use, a
notice will be posted on this site along with the updated Terms of Use. In any case, we recommend that you bookmark
this page and visit regularly as these Terms of Use govern your use of this
site.
Each time you access this
site, you agree to be bound by the current Terms of Use. If you do not agree to these Terms of Use,
without modification, then please do not use this site.
2. Privacy and Other
Terms
These Terms of Use include Sticktrade’s privacy policy, located at
http://www.sticktrade.com/privacy.html, which is incorporated here by reference
and also governs your visit to this site.
3. Using our Site
This site may be used only for lawful purposes by buyers and
sellers of products and services. While using the site you will not and will not attempt to:
·
Violate local, national, or international
laws, or regulations having the effect of law, including laws of export
control;
·
Advertise products
that you do not fully own or for which you do not have full and unencumbered
rights;
·
Advertise a service or product that is
prohibited or restricted by applicable law;
·
Repeatedly post the same or similar content
or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
·
Post irrelevant content or post content on
inappropriate categories;
·
Delete or otherwise
revise or improperly interfere with any material posted by any other user of
this site;
· Post material that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
· Post material that is obscene, defamatory, threatening, harassing, sexually explicit, abusive, hateful, or embarrassing to any other person or entity;
· Post chain letters, “junk mail”, “spam,” or pyramid schemes;
· Impersonate another person;
· Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information;
· Employ any data-mining or data-extraction tools;
· Copy or adapt the HTML code used to generate this site;
·
Employ misleading
email addresses or forged headers or otherwise manipulate, through identifiers,
to disguise the origin of content transmitted through this site;
· Use any device, software, or routine to interfere with the proper working of this site or any activity being conducted on this site;
· Harm minors;
· Access data not intended for you or log into a server or account that you are not authorized to access;
· Probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this site;
· Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
·
Contact anyone who has asked not to be
contacted.
4. Members
Specified membership benefits, set forth at http://www.sticktrade.com/pay.htm,
will be available to individuals (“Members”) upon payment of the corresponding
fee. The term of all memberships
will be for a minimum for three (3) months but subject to our rights
of termination as set forth in Section 6 below. Members will be billed for membership fees automatically
each month. After three (3) months,
Members may terminate their membership for any reason by providing us
with prior notice via email at least fifteen (15) days before the billing
date they wish to cancel.
5. Posting Content on
Sticktrade
Subject to the terms and conditions of these Terms of Use, you may post
content on this site in the form of postings and other formats (“Posted Content”). You
understand and agree that Sticktrade will not and cannot pre-screen all Posted
Content on this site but that it reserves the right to pre-screen any specific
Posted Content at its sole discretion. Without limiting the foregoing, Sticktrade may remove any Posted Content
that violates these Terms of Use or that is otherwise objectionable or
inappropriate in Sticktrade’s sole discretion.
Although Sticktrade asserts no ownership
rights over the Posted Content you post, transmit, or otherwise make available
on this site, you grant Sticktrade a worldwide, royalty-free, irrevocable,
fully paid, non-exclusive license to use, copy, publicly perform, publicly
display, distribute and make derivative works of such Posted Content anywhere
on the site or elsewhere in any media for the purpose of providing, promoting,
or advertising the site and related services and to authorize sublicenses
(through multiple tiers) of the foregoing rights including for the purpose of
redistributing the Posted Content on other sites. To the maximum extent permitted by law, you
waive all moral rights you may have in the Content. The foregoing license will
survive the termination, for any reason, of these Terms of Use.
6. Limitations on the
Sticktrade Service
Sticktrade may limit its service including with regard to the amount of
time that posted material or Posted Content will be retained by Sticktrade, the
size or amount of material or Posted Content that may be transmitted through or
stored by Sticktrade and the frequency with which you may access this
site. Sticktrade has no responsibility
or liability for the deletion of material or Posted Content or for the failure
to store material or Posted Content maintained by or distributed on the
service.
You further understand and agree that Sticktrade, in its sole discretion,
may terminate these Terms of Use, delete or deactivate your account, block your
email or IP address, or otherwise terminate your access to or use of this site (or any part thereof), immediately
and without further notice to you. You
understand and agree that Sticktrade will not be liable to you or to any third
party for any termination of your access to this site for any reason.
7. Claims of Infringement
Sticktrade respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, Sticktrade will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Sticktrade will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sticktrade’s Copyright Agent the following information:
Sticktrade.com
18731
56th Ave NE
Kenmore, WA 98028
While Sticktrade considers all
such notices seriously, you may be liable for damages (including costs and
attorneys’ fees) if you materially misrepresent that content or activity is
infringing. For example, one decision
ordered a company that sent infringement notification seeking removal of online
materials that were protected by copyright’s fair use doctrine to pay such
costs and attorneys’ feels the company agreed to settle the matter at over
$100,000. For more information, please
see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether
material infringes your copyrights (including whether use of copyrighted material
may constitute fair use) you may wish to seek the advice of an attorney.
8. No Spamming
You must not use any feature of the Sticktrade Service for chain letters,
junk mail, or "Spamming" nor make any use of the e-mail lists in a manner
involving any person who has not given specific permission to be included
in such a process. An e-mail advertisement which is (a) addressed to
a recipient with whom you do not have an existing business or personal
relationship and (b) is not sent at the request of or with the express
consent of the recipient to receive such communications from you ("Spam"
or "Spamming") is strictly prohibited by Sticktrade. If you use any
feature of the Sticktrade Service for the purpose of sending Spam, Sticktrade
reserves the right to immediately terminate your access to the Sticktrade
Service and to seek appropriate legal recourse, as necessary. If you
believe that other users are using the Sticktrade Service for Spam,
please notify Sticktrade at 800-660-5211 or click
here for other contact information. Please note that by posting
on this web site you are consenting to receive, and authorizing Sticktrade
to forward to you emails. Such messages are not included in the above
definition of Spam.
9 . No Warranties
This site is only a venue: it acts as a venue for buyers and sellers
of products and services to connect with each other. Sticktrade is not involved in any actual transactions
between buyers and sellers. Sticktrade does not screen or censor
the listings offered. As a result, Sticktrade has no control over
the quality, safety, or legality of the products and services that may
be made available to you by means of this site. Similarly, Sticktrade is not responsible for, and cannot and
does not guarantee, the content or accuracy of associated product or
service descriptions, products, services, sites, communication or other
such information posted on this site by third parties including Posted
Content. Sticktrade also does not guarantee that that
sites and information will not change without its knowledge. The inclusion
of Sticktrade information, product or service descriptions, or posted
information on this site does not imply Sticktrade’s endorsement of
this information or any linked site. If you decide to do business
with companies listed on this site, access a third-party site, or act
on information posted on this site, you do so solely at your own risk.
THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. STICKTRADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STICKTRADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STICKTRADE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL STICKTRADE OR ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT OR MATERIALS THEREIN WHETHER IN A CONTRACT ACTION OR BASED ON CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STICKTRADE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL STICKTRADE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.You acknowledge and agree that Sticktrade has set its prices and entered into these Terms of Use in reliance upon the limitations of liability specified herein, which allocate the risk between the you and Sticktrade and form a basis of the bargain between us.
11. Indemnity
You will defend, indemnify, and hold harmless Sticktrade, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, arising in connection with: (a) your breach of the terms of this agreement; (b) any alleged violation of any third-party right including without limitation, any copyright, trademark, trade dress, trade secret, or privacy right that arises in connection your posting of any material on the site; and (c) your use and access of the site. Sticktrade will provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our reasonable discretion, in defending any such claim, suit or proceeding.
12. Termination
Upon termination of these Terms of Use, you will destroy
any materials obtained from this site and all copies thereof, whether made
under these Terms of Use or otherwise. Any provision herein that was intended to survive termination of these
Terms of Use will so survive.
13. Contract Interpretation
These Terms of Use will be governed by and construed in
accordance with the laws of the State of Washington, irrespective of any
applicable conflicts of law principles. If any provision of these Terms of Use
are ruled to be unlawful, void, or otherwise unenforceable, then that provision
shall be deemed severable from these Terms of use and shall not affect the
validity and enforceability of any remaining provisions. This is the entire
agreement between you and Sticktrade relating to the subject of this site. You
agree that no joint venture, partnership, employment or agency relationship
exists between you and Sticktrade as a result of this agreement or use of this
site.
14. Dispute
Resolution
Any dispute arising with respect to these Terms of Use
shall be resolved by negotiation between the parties or, if necessary, by
resort to an appropriate federal or state court located in the State of
Washington. You expressly waive and are estopped from asserting any right to
pursue any claim against Sticktrade relating to these Terms of Use in any forum
or venue located outside of the State of Washington. In the event of the filing
of any such claim, you stipulate to the transfer of the filing to any appropriate
or available forum or court in the State of Washington, at our sole discretion.
Use of this site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including, without limitation,
this paragraph. This site is operated by
Sticktrade from its offices located within the State of Washington, United
States of America.
15. General Information
These Terms of Use govern your use of the site and supersedes any prior agreements between you and Sticktrade. The failure of Sticktrade to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If you have any questions about any of this terms in this Terms of Use, please e-mail or call 800-660-5211 and include the term “Sticktrade Terms of Use” in the title of your email or in your phone message.