WherezIt.com User Policy
Last Update: November 2006
By using the services available from the WherezIt.com
you are agreeing to the following terms. You are contracting with
If you have any questions, please Contact Us.
Before you may become a registered user of WherezIt.com,
you must read and accept all of the terms and conditions in, this User Policy
While using the Site, you will not:
- Post content or items in an inappropriate category or areas on WherezIt.com;
- Violate any laws, third party rights, or our policies;
- Enter information on WherezIt.com if you are not able
to form legally binding contracts, are under the age of 14, or are temporarily
or indefinitely suspended from WherezIt.com;
- Manipulate or interfere with other user's listings;
- Circumvent or manipulate our fee structure, the billing process, or fees
owed to WherezIt.com;
- Post false, inaccurate, misleading, defamatory, or libelous content
(including personal information);
- Transfer your WherezIt.com account and User ID to
another party without our consent;
- Distribute or post spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm
WherezIt.com, or the interests or property
of WherezIt.com users;
- Copy, modify, or distribute content from WherezIt.com
and WherezIt.com 's copyrights and trademarks; or harvest
or otherwise collect information about users, including email addresses, without their consent.
WherezIt.com and the Community work together to keep the
site working properly and the Community safe. Please report problems, offensive
content, and policy violations to us. Contact Us
Without limiting other remedies, we may limit, suspend, or terminate our
service and user accounts, prohibit access to our website, remove hosted content,
and take technical and legal steps to keep users off WherezIt.com
if we think that they are creating problems, possible legal liabilities, or acting
inconsistently with the letter or spirit of our policies. We also reserve the
right to cancel unconfirmed accounts.
Fees and Services
Joining WherezIt.com and viewing listings is free. We
do charge fees for using other services, such as listing items. When you enter
a listing that has a fee you have an opportunity to review and accept the fees
that you will be charged based on our Prices schedule, which we may change from
time to time. Changes to that Policy are effective after we provide you with at
least fourteen days' notice by posting the changes on WherezIt.com.
We may choose to temporarily change the fees for our services for promotional
events (for example, free listing days) or new services, and such changes are
effective when we post the temporary promotional event or new service
Unless otherwise stated, all prices are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with the Site
in a timely manner with a valid payment method. If your payment method fails
or your account is past due, we may collect fees owed using other collection
mechanisms. (This includes charging other payment methods on file with us,
retaining collection agencies, or legal counsel.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright, publicity, and database rights (but no other rights) you
have in the content, in any media known now or in the future. (We need these
rights to host and display your content.)
You will not hold WherezIt.com responsible for other
users' actions or inactions, including things they post. You acknowledge that
we are not involved in the actual transaction between buyers and sellers. We
have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of listings, the ability of sellers to
sell items, the ability of buyers to pay for items, or that a buyer or seller
will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and
operation of WherezIt.com may be interfered with by
numerous factors outside of our control. Accordingly, to the extent legally
permitted, we exclude all implied warranties, terms and conditions. We are not
liable for any loss of money, goodwill, or reputation, or any special, indirect,
or consequential damages arising out of your use of WherezIt.com.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
total fees you paid to us in the 12 months prior to the action giving rise to
the liability, and (b) $100.
If you have a dispute with one or more users, you release us (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, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site
is updated on a real-time basis and is proprietary or is licensed
to WherezIt.com by our users. You agree that you will
not use any robot, spider, scraper or other automated means to access
WherezIt.com for any purpose without our express written
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or
publicly display any content (except for Your Information) from the Site without
the prior expressed written permission of WherezIt.com
and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of
WherezIt.com or any activities conducted on
WherezIt.com; or bypass our robot exclusion headers or
other measures we may use to prevent or restrict access to the Site.
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
protection of users' privacy as a very important community principle. We store
and process your information on computers located in the United States that are
protected by physical as well as technological security devices. You can access
and modify the information you provide us and choose not to receive certain
communications by signing-in to your account. For a complete description of how
we use and protect your personal information, see the WherezIt.com
this way please do not use our services.
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on
WherezIt.com's national registered agent (in the case of
WherezIt.com) or to the email address you provide to
WherezIt.com during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we may give
you legal notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and WherezIt.com, our goal
is to provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and WherezIt.com agree that we
will resolve any claim or controversy at law or equity that arises out of this
Agreement or our services (a "Claim") in accordance with one of the subsections
below or as we and you otherwise agree in writing. Before resorting to these
alternatives, we strongly encourage you to first contact us. We will consider
reasonable requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects
by the laws of the State of Vermont as they apply to agreements entered into and
to be performed entirely within Vermont between Vermont residents, without regard
to conflict of law provisions. You agree that any claim or dispute you may have
against WherezIt.com must be resolved by a court located
in Washington County, Vermont, except as otherwise agreed by the parties or as
described in the Arbitration Option paragraph below. You agree to submit to the
personal jurisdiction of the courts located within Washington County, Vermont for
the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than $10,000,
the party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party elects
arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider mutually agreed upon by the
parties. The ADR provider and the parties must comply with the following rules: a)
the arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party initiating
the arbitration; b) the arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and c)
any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.
Improperly Filed Claims - All claims you bring against WherezIt.com
must be resolved in accordance with this Resolution of Disputes Section. All
claims filed or brought contrary to the Resolution of Disputes Section shall be
considered improperly filed. Should you file a claim contrary to the Resolution of
Disputes Section, WherezIt.com may recover attorneys' fees
and costs up to $1000, provided that WherezIt.com has notified
you in writing of the improperly filed claim, and you have failed to promptly
withdraw the claim.
WherezIt.com, reserves the right to modify listings so
they better fit the structure of the site. This shall typically be but is not limited
to changing the category to which a listing is assigned.
WherezIt.com, LLC., is located at 2933 Waterbury-Stowe Rd.,
Waterbury Center, VT 05677. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. In our sole discretion, we may assign this Agreement in
accordance with the Notices Section. Headings are for reference purposes only
and do not limit the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. We do not guarantee we will take action
against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the
Site. Except as stated elsewhere, all amended terms shall automatically be
effective 30 days after they are initially posted on the Site. This Agreement
may not be otherwise amended except in a writing signed by you and us. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof. The following Sections survive any termination
of this Agreement: Prices (with respect to fees owed for our services), Release,
Content License, Liability, Indemnity and Resolution of Disputes.
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