You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by this Agreement and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct
- Use or attempt to use another User’s account without authorization from such User and WOTFA
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner
- Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
- Develop any third party applications that interact with User Information or the Site without our prior written consent
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
By transmitting User Information, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Site. TrovaPage expect your cooperation in upholding our standards. You are responsible for all of your User Information. You agree not to provide any User Information that:
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; has a commercial, political, or religious purpose
- Is false, misleading, and/or not written in good faith;
- Creates a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication
- Infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity
- Is illegal and/or promotes illegal activity
- Contains unauthorized advertising and/or solicits users to a business other than those on the Site; and/or
- Is intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Content on the Site or other websites.
WOTFA may monitor any and all use of the Site, including, without limitation, interactions between our Users, but we are not obligated to do so. We may manage the Site in a manner intended to protect our property and rights and to facilitate the proper functioning of the Site. If any User Information or conduct on our Site violates our standards, or any other terms and conditions of this Agreement, or interferes with other User’s enjoyment of the Content or our Site, or is inappropriate in our judgment, we reserve the right, in our sole discretion, to change, delete or remove, in part or in full, any such User Information or Content, and we further reserve the right to terminate or suspend access to the affected portion of the Site. WOTFA will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with User Information.
You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of Content from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that WOTFA will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
You agree that your correspondence to or transactions with other Users of the Site, whether as a Seller or Purchaser, or any other transaction or activity arising from or related to the Site, including, but not limited to, Sales, delivery of Products and Services, and any other terms, conditions, actions, warranties or representations associated with such transactions, are solely between you and the other User notwithstanding processing of payment by WOTFA on the Site. WOTFA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transaction or activity. WOTFA EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO ANY SALE, OR ANY OTHER TRANSACTION CONDUCTED THROUGH THE SITE, OR ANY OTHER ACTIVITY ARISING FROM OR RELATED TO THE SITE. WOTFA is not involved in any Sale or any other transaction between Users.
PROVISIONS APPLICABLE TO SELLERS
When you are acting as a Seller, you agree:
- to use the Site only in accordance with applicable law, including, but not limited to, all applicable Registrations and related requirements
- to obtain, and maintain in good standing throughout the term of this Agreement, all Registrations prior to and as a condition to use of the Site and offer and sale of any Products and Services.
- not to modify, sublicense, distribute, market, transfer, reverse engineer, reverse compile or make any copies of any element of the Site.
- That you are solely responsible for any and all acts and omissions that occur under your account, and that you shall not to engage in unacceptable use of the Site.
We may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements.
You shall be exclusively responsible for (i) all operations of your business in full compliance with applicable laws, including, but not limited to, all applicable Registrations and related requirements; (ii) the supervision, management, and control of your use of the Site, including, but not limited to, implementing procedures sufficient to satisfy your obligations for security under this Agreement to prevent misuse, unauthorized copying, modification, or disclosure of Credentials. WOTFA DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS.
You shall immediately notify us if you become aware of any other person using your Credentials or of any breach of a security measure established by you or us. If we are so informed or if we otherwise reasonably believe that you, or any other person has breached a security measure established by us or you, we have the right, in our sole discretion, to restrict your access to the Site until you can establish to our satisfaction that you have addressed the cause(s) of the security breach. We may terminate or restrict the use of any individual Credential for the same reasons. Notwithstanding anything else to the contrary, we have no duty to take any action upon your notice under this Section or our becoming aware of a breach of a security measure, and you shall solely be responsible for any such breaches regardless of any act or failure to act by us.
You shall observe and comply with all requirements of your Registration(s) and all other applicable laws. Your failure to comply with all requirements of your Registration(s) and all other applicable laws shall be deemed to be a material breach of this Agreement and WOTFA shall have the right to immediately terminate this Agreement and your access to and use of the Site upon confirmation of such failure.
You shall deliver the Products or Services sold in a the Sale directly to the Purchaser, at the address specified by such Purchaser as shown on the Site, within the time period you specified on the Site. You shall promptly deliver a replacement order at your cost in the event that the original order was misaddressed through no fault of Purchaser. You will immediately notify WOTFA by email if you becomes aware of a problem with a delivery, whether a misaddressed shipment, damage/loss or otherwise.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU SHALL BEAR ALL RISK OF LOSS FROM CASUALTY TO YOUR PRODUCTS SOLD THROUGH THE SITE UNTIL THE PRODUCTS HAVE BEEN DELIVERED TO THE PURCHASER’S ADDRESS.