The information at the WOODWEB ® Web site
is protected by copyright:
Copyright © 1998 - 2010 WOODWEB ®
Incorporated. All rights reserved.
Welcome to WOODWEB
Incorporated’s online website (“Site”).
Any person or entity who wishes to access the Site or to use the
services provided on the Site (collectively, the “Services”) must accept the
terms and conditions of this User Agreement (“Agreement”), without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE
CAREFULLY BEFORE USING THE SITE OR SERVICES. BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND
BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE. If you do not
agree to be bound by the terms and conditions of this Agreement, do not use or
access our Site or Services.
WOODWEB Incorporated (hereinafter
"WoodWeb" or "WOODWEB") reserves the right to change any of
the terms and conditions contained in this Agreement or any policies or
guidelines governing the Site or Services, at any time and in its sole discretion.
Any changes will be effective upon posting of the revisions on the Site. You
are responsible for reviewing the notice and any applicable changes. Changes to
referenced policies and guidelines may be posted without notice to you. You can
review the most current version of this Agreement at any time at http://www.woodweb.com/useragreement.html YOUR
CONTINUED USE OF THIS SITE OR THE SERVICES FOLLOWING WOODWEB'S POSTING OF ANY CHANGES
WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT
AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS
Eligibility. Use of the Site and the Services is
limited to parties that lawfully can enter into and form contracts under applicable
law. Without limiting the generality of the foregoing, minors may not use the
Services. Every person who uses the Services hereby represents to WOODWEB that
he or she is not a minor, is at least over the age of eighteen (18) and may
otherwise enter into and form binding contracts under applicable law. To register for access to
certain portions of the Site or Services, you must provide your real name,
address, phone number and e-mail address, along with other information that may
be required from time to time. If you
are registering as a business entity, you represent that you have the authority
to bind the entity to this Agreement.
Accessing information and certain
Services on the Site is free. We do
charge a fee for listing items for sale through certain of the Site’s exchange venues and when you list an item you have an opportunity to review and accept the fees that you will be charged.
WOODWEB maintains a no-refund policy for ad listings purchased, for any reason. Ad listings will remain publicly accessible for a period of approximately 21 days. As is more fully set forth in this Agreement, WOODWEB, shall have no liability for any posting errors, a failure for any reason to post an ad listing, or for the premature removal of an ad listing. In WOODWEB’s sole discretion and as your sole remedy, WOODWEB may issue a credit for any posting errors, for failure for any reason to post an ad listing, or for the premature removal of an ad listing, however, the credit shall not exceed the cost of the ad listing purchase price.
Ad listing purchases transactions handled by PayPal are subject to PayPal terms, conditions and policies.
We may change our fees and credits policy and the fees for our Services from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and the Site and all applicable taxes.
Venue. The exchange areas on the Site are venues to allow
anyone to offer, sell, and buy woodworking related equipment, materials and
services, at anytime, from anywhere. We are not involved in the actual
transaction between buyers and sellers. As a result, we have no control over
the quality, safety or legality of the items advertised, the truth or accuracy
of the listings, the ability of sellers to sell items or the ability of buyers
to pay for items. We cannot ensure that a buyer or seller will actually
complete a transaction. We do not transfer legal ownership of items from the seller
to the buyer, and nothing in this agreement shall modify the governing
provisions of Uniform Comercial Code (UCC) § 2-401(2), under which legal ownership of an
item is transferred upon physical delivery of the item to the buyer by the
Because we are a venue, in the event that you have a dispute with one or more users,
you release WOODWEB, Inc. (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially affected
his settlement with the debtor."
We do not control the information provided by other users that
is made available through our system. You may find other users' information to
be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice
safe commercial practices when using the Site. Please note that there are also
risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign
nationals. By using this Site, you agree to accept such risks. WOODWEB is not responsible for the acts or
omissions of users or third parties on the Site and in no event shall
WOODWEB be liable for any special, incidental, indirect or consequential damages
of any kind, or any damages whatsoever, including, without limitation, those
resulting from loss of use, data or profits, whether or not advised of the
possibility of damage, and on any theory of liability, arising out of or in
connection with the use or performance of the information.
By using this Site, you agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Uploading Information including CAD drawings and other information, graphics, images or documents. By uploading you are agreeing to the following: The files submitted to the database are not copyrighted by any other person except you, the contributor. The files submitted were not created or edited using an unlicensed or educational version of AutoCad® or any other cad platform or any other unlicensed or educational version of any software. WOODWEB reserves the right to license use of files to third parties. WOODWEB, its affiliates and ISP(s) are not responsible for the misuse of copyrighted material by users of this Site.
You agree to grant WOODWEB a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups), by e-mail to WOODWEB and by all means and in any media now known or hereafter developed. You also grant to WOODWEB the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WOODWEB for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WOODWEB or in connection with the use of this Site.
WOODWEB Reservation of
Rights. WOODWEB retains
the right, but does not have the obligation, to immediately remove any listing
or posting, prevent or restrict access to the Site or the Services or take any
other action in case of technical problems, objectionable material, inaccurate
listings on any exchange or forum, inappropriately categorized items, exchange
or forum inaccuracies, product inaccuracies, unlawful items, items, procedures,
or actions otherwise prohibited by the procedures and guidelines contained on
the Site, or for any other reason in the sole and absolute discretion of WOODWEB
and to correct any inaccurate exchange listing, forum posting, product inaccuracies,
inappropriately categorized items or technical problems on the Site.
Compliance with Laws;
Fraud. The Site and Services may only be used for lawful
purposes and in a lawful manner. You agree to comply with all applicable laws,
statutes and regulations regarding use of the Site and Services, including in regard to posting
on any Site exchange or forum. You may not register under a false name. You may
not post on any Site exchange or forum under a false name, send an e-mail inquiry to another Site user under a false name, impersonate any
participant, or use another participant's password(s). Such fraudulent conduct
is a violation of federal and state laws. Fraudulent conduct may be reported to
law enforcement, and WOODWEB will cooperate to ensure that violators are
prosecuted to the fullest extent of the law.
Breach. Without limiting other remedies, WOODWEB
may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate
your membership and refuse to provide access to or through our Site or our Services to you: (a) if you breach
this Agreement or the documents it incorporates by reference; (b) if WOODWEB suspects
that you (by conviction, settlement, insurance or investigation, or otherwise)
have engaged or are engaged in fraudulent activity in connection with the Site; or (c) if WOODWEB believes that your actions may cause legal
liability for you, other WOODWEB users or WOODWEB.
Privacy, Monitoring and Disclosure. WOODWEB is committed to protecting your privacy.
Click here for our general
herein and unless otherwise authorized or consented, you agree not to use any
information regarding other participants which is accessible from the Site or
disclosed to you by WOODWEB except to enter into and complete transactions. You
agree not to use any such information for purposes of solicitation, advertising,
unsolicited e-mail or spamming, harassment, invasion of privacy, illegal activity, otherwise
Investigation. As permitted by applicable law and
obligation, to monitor any activity and content associated with this Site. WOODWEB
may investigate any reported violation of its policies or complaints and take
any action that it deems appropriate. Such action may include, but is not limited
to, issuing warnings, suspension or termination of services, denying access
and/or removal of any materials on the Site, including exchange listings. WOODWEB
reserves the right and has absolute discretion, to remove, screen or edit any
content that violates these provisions or is otherwise objectionable in WOODWEB’s sole discretion.
Disclosure of Information. As permitted by applicable law, WOODWEB
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 information requests, to
protect WOODWEB's systems and users, to allow users
to resolve disputes, or to ensure the integrity and operation of WOODWEB's business and systems or other purposes deemed
reasonable by WOODWEB, WOODWEB may access and disclose any information it
considers necessary or appropriate, including, without limitation, user contact
details, IP addressing and traffic information, usage history and posted
No Warranties. THE SITE AND THE SERVICES AND
INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. USERS’ USE OF AND RELIANCE
THEREON ARE AT USERS’ OWN AND SOLE RISK. WOODWEB MAKES NO OTHER REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
THE CREATOR OF THIS SITE, ITS AFFILIATES, AND ISP(S) ARE NOT RESPONSIBLE FOR THE MISUSE OF COPYRIGHTED MATERIAL BY THE USERS OF THIS SITE;
THAT THE SITE OR THE SERVICES WILL
MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED,
TIMELY, SECURE OR OPERATE WITHOUT ERROR;
THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE
FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT WILL PERFORM AS
ANY IMPLIED WARRANTY ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WOODWEB.
TO THE FULL EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WOODWEB DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM WOODWEB OR THROUGH
THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
WOODWEB ASSUMES NO
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, RECOMMENDATIONS,
DESCRIPTIONS, SAFETY NOTATIONS, DRAWINGS OR OTHER DOCUMENTS WHICH ARE CONTAINED IN,
REFERENCED BY OR LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT SUCH
INFORMATION IS ALL INCLUSIVE, OR COVERS ANY OR ALL APPLICATIONS OR
CONTINGENCIES WITH RESPECT TO ITS USE.
General Release. BECAUSE WOODWEB IS NOT THE SELLER
IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR
MORE PARTICIPANTS, EACH OF YOU RELEASE WOODWEB (AND ITS AFFILIATES, AGENTS AND
EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU
ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU
MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW
PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN
ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS
AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY WOODWEB.
Limitation of Liability. WOODWEB WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES
OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR SITE WHETHER SUCH
DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
INFRINGEMENT OR OTHERWISE.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND
HOLD WOODWEB AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES)
ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING
THE DOCUMENTS OR DRAWINGS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE,
FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR
VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO,
INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION
OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS
Governing Law and
Jurisdiction. This Site (excluding linked sites)
is controlled by WOODWEB from its offices within the Commonwealth of
Pennsylvania, United States of America. By accessing this Site, you and WOODWEB
agree that all matters relating to your access to, or use of, this Site shall
be governed by the statutes and laws of the Commonwealth of Pennsylvania,
without regard to the conflicts of law principles thereof. WOODWEB makes no
representation that materials on the Site are appropriate or available for use
in other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access the Site from other
locations do so of their own initiative and are responsible for compliance with
Arbitration. YOU AGREE THAT ANY CONTROVERSY OR
CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED
BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF
THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE
ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY
ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION
SHALL BE CONDUCTED IN MONTROSE, PENNSYLVANIA, AND JUDGMENT ON THE ARBITRATION AWARD
MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WOODWEB
MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT
JURISDICTION IN MONTROSE, PENNSYLVANIA, IF NECESSARY TO PROTECT THE RIGHTS OR
PROPERTY OF YOU OR WOODWEB PENDING THE COMPLETION OF ARBITRATION 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.
Licenses. WOODWEB.com grants a limited
license to each participant to make personal use only of the Site and the
Services in accordance with this Agreement. This license expressly excludes, without
limitation, any reproduction, duplication, sale, resale or other commercial use
of the Site and the Services (other than the in accordance with this
Agreement), making any derivative of the Site or the Services, the collection
and use of participant e-mail addresses or other participant information,
listings, or any data extraction or data mining whatsoever.
Termination. WOODWEB, in its sole discretion,
may terminate or modify this Agreement, access to the Site or the Services, or
any current transaction immediately without notice for any reason.
Entire Agreement. This Agreement and the general terms,
and conditions set forth on the Site constitute 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.
No Agency; Third-Party Beneficiary. WOODWEB 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 WOODWEB and you.
Severability. If any provision of this Agreement
shall be deemed unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and conditions and shall
not affect the validity and enforceability of any remaining provisions.
No Waiver. WOODWEB's
failure to enforce the strict performance of any provision of this Agreement
will not constitute a waiver of WOODWEB's right to subsequently
enforce such provision or any other provisions of this Agreement.
WoodPlanet. Any reference on this site to WoodPlanet shall
not be construed to indicate any relationship between the parties. WOODWEB is not affiliated with or under common ownership of WoodPlanet. WoodPlanet is solely
responsible for their actions, postings, solicitations, comments, content and any
other material developed, provided or created by WoodPlanet.
WOODWEB specifically disclaims
any responsibility or warranty in connection with any acts or omissions of WoodPlanet.
Errors.This Site could include technical
or other inaccuracies or typographical errors. Changes are periodically added to the
information herein; these changes will be incorporated in new editions of the Site. WOODWEB may make improvements and/or changes in the Services described in the
Site at any time.
The Site can be
accessed from other countries around the world and may contain references to WOODWEB Services that have not been announced in your country. These references
do not imply that WOODWEB intends to announce such Services in
WOODWEB does not warrant that the use of any CAD Blocks will be to the user’s specifications or error free; the end user takes the responsibility of editing the block to their local standards.
Except as specifically
permitted herein, no portion of the information on the Site may be reproduced
in any form or by any means without the prior written permission from WOODWEB.
Use of Site Information. Except as otherwise indicated
elsewhere on this Site, you may view, copy, print, and distribute information available
on this Site subject to the following conditions:
1. The information may be
used solely for personal, informational, non-commercial purposes; 2.The information
may not be modified or altered in any way; 3. Any copy of the information or
any portion thereof must include the copyright notice above and this permission
notice; and 4. WOODWEB reserves the right to revoke such authorization at any
time, and any such use shall be discontinued immediately upon written notice
Information specified above
does not include the design or layout of the Site. Elements of the Site are protected by trade
dress and other laws and may not be copied or imitated in whole or in part.
Feedback. Please note that, with the exception of
credit card numbers, WOODWEB does not want to receive confidential or
proprietary information from you through the Site. Any non-personal information
or material sent to WOODWEB will be deemed NOT to be confidential. By sending WOODWEB
any non-personal information or material, you grant WOODWEB an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit and
distribute those materials or information, and you also agree that WOODWEB is
free to use any ideas, concepts, know-how or techniques that you send us for
any purpose. However, we will not release your name or otherwise publicize the
fact that you submitted materials or other information to us unless: (a) you
grant us permission to do so; (b) we first notify you that the materials or
other information you submit to a particular part of a site will be published
or otherwise used with your name on it; (c) we are
required to do so by law; or (d) unless you have elected to participate in our
interactive forums in which case personal information you provide will be
to Third-Party Web Sites. The
WOODWEB Site contains links to third-party web sites, which are not under the
control of WOODWEB. WOODWEB makes no
representations whatsoever about any other web site to which you may have
access through the WOODWEB Site. When you access a non-WOODWEB web site, you do
so at your own risk and WOODWEB is not responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements made on
these sites. WOODWEB provides these links merely as a convenience and the
inclusion of such links does not imply that WOODWEB endorses or accepts any
responsibility for the content or uses of such web sites.
Information. Domestic and International copyright and trademark laws protect the entire contents of the Site. The
owners of the intellectual property, copyrights, trademarks, logos and service marks ("Marks") displayed on this Site are the property of WOODWEB ® or other third parties.
YOU MAY NOT COPY, REPRODUCE, REPUBLISH, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You are not permitted to use the Marks without the prior written consent of WOODWEB ® or such third
party which may own the Marks. "WOODWEB" is a registered trademark of
WOODWEB ® Incorporated.