|
|
![]() |
|
Wannatrade User Agreement
Definitions General Governing Law - This Agreement is governed under the laws of the State of Nevada. The parties agree that any dispute, claim or other litigable difference between them shall be exclusively resolved by submission to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be held in Clark County, Nevada. The prevailing party shall be entitled to an award from the arbitrator of declaratory relief, preliminary and permanent injunctive relief, compensatory damages, reasonable attorney fees and costs of the action. The decision of the arbitrator shall be entitled to enforcement in any court of competent jurisdiction. Wannatrade retains the right to accept or reject your application as a prospective User of the Wannatrade Service. 1. Acceptance of Terms By accepting the terms and conditions of this Agreement, User represents, warrants and covenants that (a) User is 18 years old or older; (b) User is capable of entering into a legally binding agreement; (c) User is a resident of the U.S. and the business is duly authorized to do business in the U.S.; (d) User is duly authorized to, and does hereby represent and legally bind, any company on behalf of which User is registering with respect to this Agreement and all transactions conducted under this account in connection with the Service; and (e) User will use the Service only for business purposes and not for individual, personal, family or household purposes. Notwithstanding anything to the contrary, Wannatrade reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. 2. Service: Wannatrade Is Only a Venue The message board service acts as a venue to facilitate the listing of goods and services by sellers and the purchasing of such goods and services by buyers. User acknowledges and agrees that User's purchases and sales of goods and services on the Service are transactions with the respective seller and buyer of the goods and services and not with Wannatrade. Wannatrade is not the buyer or seller in transactions on the Service unless explicitly designated as such. Wannatrade shall not be responsible for, and does not control, 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 buy items. Wannatrade shall not be responsible for, and does not control, whether or not sellers will complete the sale of items they offer or whether buyers will complete the purchase of items they have agreed to purchase. Wannatrade shall have no responsibility to, and does not, investigate the background of or confirm the identity of users of the Service. User should exercise caution in dealing with other users to avoid fraud and other disputes, including without limitation: (i) using direct communication with other users to evaluate with whom User is dealing, and (ii) using qualified third-party escrow and/or appraisal services where appropriate. A user-initiated feedback system may be available on the Service to help User in the evaluation of other users. User acknowledges, however, that such feedback represents solely the opinion of other users and is not an opinion, representation or warranty by Wannatrade. 3. Endorsement of Content by Wannatrade Wannatrade does not represent or endorse the accuracy, reliability, integrity or legality of any advice, opinion, offer, proposal, statement, listing, data or other information (collectively, "Content") displayed or distributed through the Service. Some Content accessible on the Wannatrade site may be believed to be harmful, offensive or inaccurate, and in some cases may be mislabeled or deceptively labeled. Wannatrade hereby disclaims any liability for any Content, including, but not limited to, any errors in or omissions of any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance on any Content posted, emailed or otherwise transmitted via the Service. Wannatrade shall have no obligation to review Content posted to the Service by users or by Wannatrade. Wannatrade shall have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Service or to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, modify, refuse to post or remove any Content, in whole or in part, that in Wannatrade's sole discretion is objectionable or in violation of this Agreement. 4. Disputes Wannatrade is not a party to, and shall not be involved in or responsible for, transactions, agreements and/or disputes between users or between User and any advertiser on the Service ("Dispute"). In the event of a Dispute, User agrees to release, and does hereby release, Wannatrade (and its agents, contractors 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. User agrees that it shall not involve Wannatrade in any Dispute or litigation arising out of or related to any transaction, agreement or arrangement with any buyer, seller, advertiser or other third party in connection with the Service. If User nonetheless attempts to do so, (i) User shall pay all costs and attorneys' fees of Wannatrade and shall provide indemnification, and (ii) the jurisdiction for any such Dispute or litigation shall be limited as set forth. 5. Compliance with Laws User, and not Wannatrade, shall be responsible for compliance with all laws, regulations and ordinances connected with the User's listing, buying and selling on, and other use of, the Service. User shall not use the Service to list, sell or buy items that are illegal. User must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with the User's listing, buying or selling of goods or services on the Service. If the Service does not provide adequate facility or features for User to provide such Information and Actions, then the User shall not use the Service to list, buy or sell the respective items. 6. No Interference with the Service. The User represents, warrants and covenants that User shall not upload, post or transmit to, distribute or otherwise publish through the Service any materials (i) which restrict or inhibit any other users from using and enjoying the Service; (ii) which are unlawful, threatening, abusive, harmful, libelous, defamatory, harassing, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) which constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) which violate, plagiarize or infringe the rights of third parties including without limitation copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) which contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) for which User does not have all necessary rights and licenses to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); and (vii) which are unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes" or any other form of unauthorized solicitation or (viii) which constitute or contain false or misleading indications of origin or statements of fact. User represents, warrants and covenants that it shall not (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ii) gain unauthorized access to other computer systems through the Service; (iii) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in normal transactions; (iv) harass other users; (v) collect or store personal data about other users other than as is strictly necessary to use the Service; or (vi) impersonate or otherwise misrepresent any person or entity, including, but not limited to, a Wannatrade official, falsely state or otherwise misrepresent User's affiliation with a person or entity or conceal the true identity of the parties in interest for purposes of evading or circumventing any applicable law, regulation or ordinance or for any other reason. User shall hold confidential and shall not disclose, transmit, use or otherwise exploit personal or company names, addresses, telephone numbers, email addresses, listings, fees and pricing information or any other information regarding, or provided by other users in connection with, the Service except as strictly necessary to conduct transactions through the Service solely on User's own behalf in accordance with this Agreement. Without limiting the foregoing, in no event shall User collect, store, extract, sell, transfer or disclose any listing or compilation of customers or users from the Service. 7. Modification of Agreement Wannatrade shall have the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting notification on the Service. The changes will become effective, and shall be deemed accepted by User, after initial posting by Wannatrade and shall apply on a going-forward basis with respect to transactions, listings and other activities commenced thereafter. In the event that User does not agree with any such modifications, User shall terminate its account, which shall be User's sole and exclusive remedy. 8. Provision of the Service Wannatrade shall have the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, database or content without notice and without liability. Wannatrade shall have the right to impose limits on certain features and services or restrict access to parts or all of the Service without notice and without liability. Wannatrade shall have the right to establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that listings, email messages, message board postings or other uploaded content will be retained by the Service, the maximum number or size of listings User may post on the Service, and the maximum number of times (and the maximum duration for which) User may access the Service in a given period of time. Wannatrade does not warrant that the functions contained in the Service or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected or that the Service is free of viruses or other harmful components. Wannatrade shall not be responsible for any service interruptions, including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance or completion of listings and/or transactions on the Service. 9. Taxes Wannatrade is not responsible for, and does not collect, income or other similar taxes with respect to transactions occurring between User and any other party, except as may be required by applicable federal or state law in particular cases. The reporting and payment of any such taxes is the legal responsibility of each user who sells goods or services. Wannatrade is not responsible for, and does not collect, sales tax on our site for transactions occurring between our users. The collection of sales tax is the responsibility of each user who sells goods or services via Wannatrade's Service. 10. Indemnification User shall indemnify, defend and hold harmless Wannatrade and all of its subsidiaries, affiliates, officers, directors, owners, agents, co-branders or other partners, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, costs, losses, damages, claims and demands, including without limitation attorneys fees and costs incurred by the Indemnified Parties, arising out of or related to (i) User's use of the Service including listing, buying and selling goods or services and providing Content; (ii) any breach or non-compliance by User of this Agreement, any of Wannatrade's rules or policies or User's representations, warranties and covenants contained herein. The Indemnified Party shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by User, and User shall not in any event settle any matter without the written consent of the Indemnified Party. 11. Disclaimer of Warranties THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WANNATRADE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. WANNATRADE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS SOLELY USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL GOODS AND SERVICES, OFFERED ON THE SERVICE. 12. Jurisdiction/Arbitration; Enforcement. User agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Clark County, Nevada under the American Arbitration Association Arbitration Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. User agrees that any claim against Wannatrade must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS, AND THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM SHALL APPLY SUCH LAW. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CLARK COUNTY, NEVADA. |
![]() |
||