WOODWEB ® WEB SITE USER AGREEMENT AND TERMS OF USE

The information at the WOODWEB ® Web site is protected by copyright:

Copyright © 1998 - 2016 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 SITE.

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.

Fees and Services. 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 seller.

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."

 

Third Party Information.  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 Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. WOODWEB may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized 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 objectionable conduct or otherwise inconsistent with our privacy policy.

Investigation. As permitted by applicable law and consistent with our privacy policy, WOODWEB has the right, but not the 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 content.

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 PROMISED;

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 AGREEMENT.

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 AGREEMENT.

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 local laws.

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 your country.

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 from WOODWEB.

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 posted.

Links 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.

Trademark 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.

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