Terms
of Use Agreement
Welcome
to the Wantcastr web site. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these terms,
you may not use this site. The term "Wantcastr",
“Wantcastr.com" or "us" or "we" or "our"
refers to Wantcastr, the owner of the Web site. The term "you"
refers to the user or viewer of our Web Site.
Acceptance
of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
Wantcastr
is a Venue.
Wantcastr
acts as a venue to allow members who comply with Wantcastr's policies
to place prices on and purchase products and services and for
suppliers to sell products and services. Wantcastr is not directly
involved in the transaction between buyers and sellers. As a result,
Wantcastr has no control over the quality, safety, morality or
legality of any aspect of the items listed, the truth or accuracy of
the listings, the ability of sellers to sell items or the ability of
buyers to pay for items. Wantcastr does not pre-screen users or the
content or information provided by users. Wantcastr cannot ensure
that a buyer or seller will actually complete a transaction.
Consequently, Wantcastr does not transfer legal ownership of items
from the seller to the buyer. Wantcastr cannot guarantee the true
identity, age, and nationality of a user. Wantcastr will use
reasonable measures to ensure buyers that potential suppliers of the
good or service are adequately prepared to complete transactions.
These reasonable measures are limited to terms of service
contracts between Wantcastr and qualified Suppliers which bind
Suppliers to a specific delivery time, return policy, tiered shipping
fees and item quality specification (new, unopened, as specified).
Failure of Suppliers to abide by these agreements may result in
their indefinite expulsion from use of Wantcastr. You agree
that Wantcastr is a venue and as such is not responsible or liable
for any content, for example, data, text, information, usernames,
graphics, images, photographs, profiles, audio, video, items, and
links posted by you, other users, or outside parties on Wantcastr.
You use the Wantcastr service at your own risk.
Right
to Refuse Service.
Wantcastr's
services are not available to temporarily or indefinitely suspended
Wantcastr members. Wantcastr reserves the right, in Wantcastr’s
sole discretion, to cancel unconfirmed or inactive accounts.
Wantcastr reserves the right to refuse service to anyone, for any
reason, at any time. International usage may be partially or fully
restricted due to international shipping laws and customs, as well as
onerous shipping times.
No
Spam, Spyware or Spoofing.
We
and our users do not tolerate spam. Make sure to set your Wantcastr
communication preferences so we communicate to you as you prefer. To
report Wantcastr-related spam to us, please forward the email to
support@wantcastr.com. You may not use our communication tools to
send spam. We may automatically scan and may manually filter messages
to check for spam, viruses, phishing attacks and other malicious
activity or illegal or prohibited content.
Resolution
of Disputes and Release.
Wantcastr,
for the benefit of users, may try to help Buyer-Seller disputes.
Wantcastr does so in Wantcastrs' sole discretion, and has no
obligation to resolve disputes between users or between users and
outside parties. To the extent that Wantcastr attempts to resolve a
dispute, Wantcastr will do so in good faith based solely on
Wantcastr' policies. Wantcastr will not make judgments regarding
legal issues or claims.
Fees
and Services.
Joining
and participating in locking in prices and the purchasing process on
Wantcastr is free for member buyers. Member sellers (suppliers)
may browse Wantcastr pricing and quantity data for a fee which is
structured as a monthly access fee based on category of goods.
Suppliers also pay a fee for purchasing the contracts from
Wantcastr. The fee is levied as a percentage of the total value
of all contracts purchased. Wantcastr may choose to temporarily
change the Fee and the fees for Wantcastr's services for promotional
events (for example, initial supplier contracts with temporarily
waived membership fees); such changes are made at Wantcastr's sole
discretion, and will be made active through promotion specific
contracts signed by Wantcastr and the supplier. In the event
Wantcastr introduces a new service, the fees for that service will be
made known and are effective at the launch of the service. Unless
otherwise stated, all fees are quoted in US Dollars (USD). You are
responsible for paying all fees and applicable taxes associated with
using Wantcastr.
Fees
and Termination.
If
Wantcastr terminates a listing or your account, if you close your
account, or if the payment of your Wantcastr fees cannot be completed
for any reason, you remain obligated to pay Wantcastr for all unpaid
fees plus any penalties, if applicable. If the supplier's account is
not paid in full and becomes past due, the seller risks penalties
such as the suspension of privileges and/or termination of the
account and other collection mechanisms (including retaining
collection agencies and legal counsel).
Locking
and Buying.
Confirming
a Lock Price: By
entering a lock price, and confirming the exact product for which you
are entering said lock price, you have entered a legally binding
contract to purchase that item at a price no greater than the price
entered by you if, and only if a supplier purchases your contract at
a price less than or equal to the price entered by you. In this
event, you have entered a legally binding purchase contract at the
supplier’s unit purchase price, which in no circumstances can be
higher than your final input price plus any applicable shipping fees.
At this point, you will be required to input purchase information
including credit card information, address, name and any other
information necessary to complete the purchase transaction, which
will be sent to the supplier for the purpose of completing the agreed
upon purchase transaction. Failure to enter in the preceding
information in the time period specified by Wantcastr may result in
the indefinite expulsion of a user account.
Modifying
a lock price on Wantcastr: Buyers
may modify their lock price no more than one time per minute. Buyers
may modify the lock price until their lock has been accepted by a
supplier. At that point, the price is confirmed and the sale is
binding.
Binding
Sale:
All
agreed upon sales are binding. The seller is obligated to ship the
order or otherwise complete the transaction with the buyer in a
manner specified in the supplier’s contract with Wantcastr, unless
there is an exceptional circumstance, such as: (a) the buyer fails to
meet the terms of the seller's listing (such as payment method), or
(b) the seller cannot authenticate the buyer's identity. The buyer is
obligated to deliver appropriate payment for items purchased, unless
there is an exceptional circumstance.
Prohibited,
Questionable and Infringing Items and Activities
You
are solely responsible for your conduct and activities on and
regarding to Wantcastr and any and all data, text, information,
usernames, graphics, images, photographs, profiles, audio, video,
items, and links (together, "Content") that you submit,
post, and display on Wantcastr. Restricted Activities: Your Content
and your use of Wantcastr shall not:
1.
Be false, inaccurate or misleading
2.
Be fraudulent or involve the sale of illegal, counterfeit or stolen
items
3.
Infringe
upon any third-party's copyright, patent, trademark, trade secret or
other proprietary or intellectual property rights or rights of
publicity or privacy
4.
Violate this Agreement or any site policy or community guidelines, or
any applicable law, statute, ordinance or regulation (including, but
not limited to, those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising)
5.
Contain items that have been identified by the U.S.
Consumer Products Safety Commission (CPSC)
as
hazardous to consumers and therefore subject to a recall
6.
Be defamatory, trade libelous, unlawfully threatening, unlawfully
harassing, impersonate or intimidate any person (including Wantcastr
staff or other users), or falsely state or otherwise misrepresent
your affiliation with any person, through for example, the use of
similar email address, nicknames, or creation of false account(s) or
any other method or device
7.
Be obscene or contain child pornography
8.
Contain or transmit any code of a destructive nature that may damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information
9.
Host images not part of a listing
10.
Modify, adapt or hack Wantcastr or modify another website so as to
falsely imply that it is associated with Wantcastr;
11.
Appear to create liability for Wantcastr or cause Wantcastr to lose
(in whole or in part) the services of Wantcastr’s ISPs or other
suppliers
12.
Link directly or indirectly, reference or contain descriptions of
goods or services that are prohibited under this Agreement or other
policy documents as posted on Wantcastr
Copyright.
The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4
below, is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties. The
site is a platform and serves as an “Online pooled purchase reverse
auction platform”. The methodology behind the “Online
pooled purchase reverse auction platform” is protected by
provisional patent application number: 61/533,652 filed on:
9/12/2011. Additionally, purchasing directly from a demand
curve both from a visual and otherwise methodical perspective is a
novel method which due to its existence is in and of itself protected
by US Copyright law. Copycats and infringements shall be
prosecuted to the fullest extent of the law.
Service
Marks.
"Wantcastr.com",
“Wantcastr” and others are our service marks or registered
service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective
owners.
Limited
License; Permitted Uses.
You
are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
Restrictions
and Prohibitions on Use.
Your
license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials")
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print, republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is quoted for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) remove, decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture;
(g) use any automatic or manual process to harvest information from
the Site; (h) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email that
makes use of headers, invalid or nonexistent domain names, or other
means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (i) use the Site in a manner that violates
any state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (j) export or re-export the Site or any
portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United
States.
Forms,
Agreements & Documents.
We
may make available through the Site or through other Web sites sample
and actual forms, checklists, business documents and legal documents
(collectively, "Documents"). All Documents are provided on
a non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided
for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED" AS IS", "AS AVAILABLE", AND WITH "ALL
FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents
may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some Documents are
public domain forms or available from public records.
No
Legal Advice or Attorney-Client Relationship.
Information
contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law
firm and the Site is not a lawyer referral service.
Linking
to the Site.
You
may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by
us.
Advertisers.
The
Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy or
problem in the advertiser's or sponsor's
materials.
Registration.
Certain
sections of, or quoteings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done
using your real name and accurate information. Each registration is
for your personal use only and not on behalf of any other person or
entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible
for preventing such unauthorized use.
Payment
Information.
Payment
information must be provided to Wantcastr in order for sales to be
completed. This information must be provided if a sale is
completed and a transaction is agreed upon according to the terms in
this agreement. Failure to provide this information in this
case is considered a breach of contract and can result in a user
being banned from the use of Wantcastr. Wantcastr as a venue,
and as such, uses a third party credit card processing service for
all sales. The payment information will not be manipulated or
used by Wantcastr for any other purpose other than to complete the
sales transaction as agreed upon by both parties. Wantcastr
cannot be held liable or responsible for payment transactions between
buyer and seller.
Errors,
Corrections and Changes.
We
do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
Third
Party Content.
Third
party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
Unlawful
Activity.
We
reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic
information.
Indemnification.
You
agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the
Site.
Nontransferable.
Your
right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL
FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
Limitation
of Liability.
(a)
We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the
Site or any features thereof, (c) your use of the Site, (d) the
content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party. (b) THE AGGREGATE
LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY
CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT BE MONITARILY COMPENSATED. THIS AMOUNT ($0) SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
Submissions
to the Site.
We
reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that
may appear in our future products, services or operations. Without
limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you
or any other person sending the Submission. You acknowledge that you
are responsible for whatever material you submit, and you, not us,
have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Merchant
Services.
We
may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services quoted by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase
from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
Third-Party
Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are
not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the
other.
Privacy
Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy at the end of this
document.
Payments.
You
represent and warrant that if you are purchasing something from us or
from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes.
Securities
Laws.
The
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans
and objectives (particularly with respect to product and service
quoteings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an quote or a solicitation of an quote for
sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any
of our securities-related filings or documents.
Links
to other Web Sites.
The
Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you
do so at your own risk.
Copyrights
and Copyright Agents.
We
respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright
Agent the following information:
a.
An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b.
A description of the copyrighted work that you claim has been
infringed;
c.
A description of where the material that you claim is infringing is
located on the Site;
d.
Your address, telephone number, and email address;
e.
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
f.
A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by directing an email to the Copyright Agent at
support@Wantcastr.com.
Please
note:
If
you materially misrepresent that online material, product, or
activity is infringing your copyrights, you may be liable for damages
(including court costs and attorneys’ fees) and could be subject to
criminal prosecution for perjury. We suggest that you consult your
legal advisor before filing a notice or counter-notice.
In
accordance with the DMCA and other applicable law, we shall, in
appropriate circumstances, terminate access, in our sole discretion,
of any registered user that we find to be a repeat infringer of the
copyrights of others. We may also, in our sole discretion, limit or
fully terminate access to Wantcastr of any registered user infringing
the intellectual property rights of others, regardless of whether
such registered user is a repeat offender or not.
Information
and Press Releases.
The
Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in
the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
Legal
Compliance.
You
agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site
and the Content and Materials provided therein.
Miscellaneous.
This
Agreement shall be treated as though it were executed and performed
in Massachusetts, and shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts
(without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and
barred. The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party
in the event of an acquisition, sale or merger. Should any part of
this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services.
When
you visit our Web site you may provide us with two types of
information: personal information you knowingly choose to disclose
that is collected on an individual basis and Web site use information
collected on an aggregate basis as you and others browse our Web
site.
Registration
Information.
You
will provide us information about yourself, your firm or company, and
your practices when you register to be a member of Wantcastr.com,
register for certain services, or register for email newsletters and
alerts. You may also provide additional comments on how you see
Wantcastr.com servicing your needs and interests.
Email
Information.
If
you choose to correspond with us through email, we may retain the
content of your email messages together with your email address and
our responses.
Web
Site Use Information
Similar
to other commercial Web sites, our Web site utilizes a standard
technology called "cookies" (see explanation below, "What
Are Cookies?") and Web server logs to collect information about
how our Web site is used. Information gathered through cookies and
Web server logs may include the date and time of visits, the pages
viewed, time spent at our Web site, and the Web sites visited just
before and just after our Web site. We, our advertisers and ad
serving companies may also use small technology or pieces of code to
determine which advertisements and promotions users have seen and how
users responded to them.
How
Do We Use the Information That You Provide to Us?
Broadly
speaking, we use personal information for purposes of administering
and expanding our business activities, providing customer service and
making available other products and services to our customers and
prospective customers. Occasionally, we may also use the information
we collect to notify you about important changes to our Web site, new
services and special quotes we think you will find valuable. You may
notify us at any time if you do not wish to receive these quotes by
emailing us at support@Wantcastr.com.
What
Are Cookies?
A
cookie is a very small text document, which often includes an
anonymous unique identifier. When you visit a Web site, that site's
computer asks your computer for permission to store this file in a
part of your hard drive specifically designated for cookies. Each Web
site can send its own cookie to your browser if your browser's
preferences allow it, but (to protect your privacy) your browser only
permits a Web site to access the cookies it has already sent to you,
not the cookies sent to you by other sites. Some of our business
partners (e.g., advertisers) use cookies that originate from their
sites. We have no access or control over those cookies.
How
Do We Use Information We Collect from Cookies?
As
you use our Web site, the site uses its cookies to differentiate you
from other users. In some cases, we also use cookies to prevent you
from seeing unnecessary advertisements or requiring you to log in
more than is necessary for security. Cookies, in conjunction with our
Web server's log files, allow us to calculate the aggregate number of
people visiting our Web site and which parts of the site are most
popular. This helps us gather feedback in order to constantly improve
our Web site and better serve our customers. Cookies do not allow us
to gather any personal information about you and we do not generally
store any personal information that you provided to us in your
cookies.
Sharing
Information with Third Parties.
We
may enter into alliances, partnerships or other business arrangements
with third parties who may be given access to personal information
including your name, address, telephone number and email for the
purpose of providing you information regarding products and services
that we think will be of interest to you. In connection with
alliances, partnerships or arrangements, we may also provide certain
information to third parties if we have determined that the
information will be used in a responsible manner by a responsible
third party. We also use third parties to facilitate our business,
including, but not limited to, sending email and processing credit
card payments. In connection with these business operations, our
partners and other third parties may have access to your personal
information for use in connection with business activities. As we
develop our business, we may buy or sell assets. Customer, email, and
visitor information is generally one of the transferred business
assets in these types of transactions. We may also transfer such
information in the course of corporate divestitures, mergers, or any
dissolution.
Notice
of New Services and Changes.
Occasionally,
we may also use the information we collect to notify you about
important changes to our Web site, new services and special quotes we
think you will find valuable. As our customer, you will be given the
opportunity to notify us of your desire not to receive these quotes
by sending us an email request at support@Wantcastr.com.
How
Do We Secure Information Transmissions?
Email
is not recognized as a secure medium of communication. For this
reason, we request that you do not send private information to us by
email. Some of the information you may enter on our Web site may be
transmitted securely via Secure Sockets Layer SSL, 128 bit encryption
services. Pages utilizing this technology will have URLs that start
with HTTPS instead of HTTP. Please contact support@Wantcastr.com
if
you have any questions or concerns.
How
Can You Access and Correct Your Information?
You
may request access to all your personally identifiable information
that we collect online and maintain in our database by emailing
support@Wantcastr.com.
Certain
Disclosures
We
may disclose your personal information if required to do so by law or
subpoena or if we believe that such action is necessary to (a)
conform to the law or comply with legal process served on us or
affiliated parties; (b) protect and defend our rights and property,
our site, the users of our site, and/or our affiliated parties; (c)
act under circumstances to protect the safety of users of our site,
us, or third parties.
What
About Other Web Sites Linked to Our Web Site?
We
are not responsible for the practices employed by Web sites linked to
or from our Web site nor the information or content contained
therein. Often links to other Web sites are provided solely as
pointers to information on topics that may be useful to the users of
our Web site.
Please
remember that when you use a link to go from our Web site to another
Web site, our Privacy Policy is no longer in effect. Your browsing
and interaction on any other Web site, including Web sites which have
a link on our Web site, is subject to that Web site's own rules and
policies. Please read over those rules and policies before
proceeding.
Your
Consent
By
using our Web site you consent to our collection and use of your
personal information as described in this Privacy Policy. If we
change our privacy policies and procedures, we will post those
changes on our Web site to keep you aware of what information we
collect, how we use it and under what circumstances we may disclose
it.