By using or visiting this website, or submitting content to this website, you signify your assent to:
- These terms of conditions (the “Terms and Conditions”)
- These Terms and Conditions apply to all users of the website.
- The website will contain links to third party websites that are not owned or controlled by WBAPrices.
- WBAPrices is not affiliated with these websites. Has no control over, and assumes no responsibility for the content, practices of any third party websites.
- WBAPrices will not and cannot censor or edit the content of any third party sites.
- By using the website, you expressly release WBAPrices from any and all liability arising from your use of any third party website.
MEMBER ACCOUNTS, PASSWORD AND SECURITY
Certain portions of the Site are available only to Members. If you become a Member, you will receive a password and account designation upon completing our registration process.
- You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
- You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
- We will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.
- As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form
- Membership is voided where prohibited by law. WBAPrices reserves the right to revoke or prohibit your membership for any reason at any time.
- The site is for use by individuals 18 or older. By registering for and using the site you agree you are of legal age.
- WBAPrices hereby grants you permission to use the website, provided that:
- Your use of the website is solely for your personal, non-commercial use.
- You will not copy, distribute or modify any part of the website without WBAPrices’ prior written authorization.
- You will not send or post unsolicited or unauthorized advertisements, spam, chain letters, etc.
- You will not transmit any content which contains software viruses, or other harmful computer code, files, or programs.
- You will not disrupt servers or networks connected to the website.
- You will comply with these terms and conditions.
- In order to access some features of the website, you will have to create and account.
- When creating your account, you must provide accurate and complete information.
- You must keep account password secure.
- You may never use another person’s account without permission.
- You will be liable for any use made of your account or password and the losses of WBAPrices or others due to such unauthorized use.
- You must notify WBAPrices immediately of any breach of security or unauthorized use of your account.
- You are solely responsible for the activity that occurs on your account.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders” and “offline readers” that access the website in a manner that’s sends more requests messages to the WBAPrices servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- WBAPrices grants the operators of public search engines permissions to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials.
- WBAPrices reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.
- You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions (as define below).
- WBAPrices has the right to terminate your access to the website, in its sole discretion, immediately and with or without cause.
RISK OF LOSS
The items purchased from our Site are shipped by a third-party carrier. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Items that have been returned will be refunded in the form of:
- (a) A credit card refund or (b) a merchandise credit (a “Merchandise Credit”) at the original purchase price, plus applicable sales tax, and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit.
- Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others.
- At no time may you purchase, sell or barter any Merchandise Credit.
- Merchandise Credit is not redeemable for cash, unless required by law.
- The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the WBAPrices website, or any third party under contract with such present or future owner.
- You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
- Any credit balance (Merchandise Credit) will be automatically applied to your next purchase from the Site and the order of redemption of such credits will be determined by WBAPrices.
- To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions.
- If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by WBAPrices and such determination is final.
FIRST TIME ORDERS
- First-time orders can only be shipped to an address which we are able to verify independently.
- To avoid delays, please ensure that your billing address matches the address on your card statement, and that the card-holder’s name is written as it appears on the card.
- We do not deliver to forwarding addresses.
ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY
- Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies.
- We will use reasonable efforts to correct errors as soon as practicable.
- We reserve the right to: (i) revoke any stated offer;
- (ii) correct any errors, inaccuracies, or omission; and
- (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
- We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or activity at any time without notice (including after an order has been submitted and/or acknowledged).
- The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.
INTELLECTUAL PROPERTY RIGHTS
- The content on the website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, video and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WBAPrices.
- Content on the website is provided to you as “AS IS” for your information and personal uses only and may not be used, copied, distributed, transmitted, brad cast, displayed, sold, licensed, reversed engineer, de-compiled, or otherwise exploited for any other purposed whatsoever without WBAPrices’ prior written consent.
- WBAPrices reserves all rights not expressly granted in and to the website.
- If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contain therein.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website.
- The website facilitates the submission of games, puzzles, polls, data or other Content by you and other users (“User Submissions”). The hosting and publishing of such User Submissions.
- You understand that whether or not such User Submissions are published, WBAPrices does not guarantee any confidentiality with respect to any User Submissions.
- WBAPrices has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one WBAPrices program to another program or portion of the website.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
- You represent and warrant that :
- (a) You own or have the necessary rights and permission to use and authorize WBAPrices to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the website and these Terms and Conditions.
- (b) You have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the website and these Terms and Conditions.
- You retain all of your ownership rights in your User Submissions.
- However, by submitting the User Submissions to WBAPrices, you hereby grant WBAPrices, in addition to any other rights which it has pursuant to any other program established by WBAPrices, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the content or data into different segments, and use the entire content or segments as part of compilations), display, and perform the User Submissions in connection with the website and WBAPrices’ (and its successor’s) business, including without limitation to grant access to the website to third parties to view the User Submission (and derivative works thereof).
- You also hereby grant each user of the website or other viewer of the User Submissions a non-exclusive right to use, reproduce, distribute through WBAPrices’ system, display and solve such User Submissions, all for non-commercial and personal use.
- You agree that you will not: (a)Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant WBAPrices all of the licenses rights granted herein;
- (b) Publish falsehoods or misrepresentations that could damage WBAPrices or any third party;
- (C) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
- (d) Misidentify yourself in submitting the User Submission or misstate your true identity.
- WBAPrices does not endorse any User Submission or any opinion, recommendation, or advice express therein (other than picking feature submissions), and WBAPrices expressly disclaims any and all liability in connection with User Submissions.
- You understand that when using the website, you will be expose to User Submissions from a variety of sources, and that WBAPrices is not responsible for the accuracy, usefulness, safety, or intellectual and/or property rights of or relating to such User Submissions.
- You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against WBAPrices with respect thereto, and agree to indemnify and hold WBAPrices, its owners, affiliates, employees, agents and /or licensors, harmless to fullest extent allowed by law regarding all matters related to your use of the website.
These Terms of Service shall be governed by and construed under the laws of the State of California, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Service, the sole jurisdiction and venue of any action related to these Terms of Service shall be the California state courts and the United States federal courts in San Francisco County, California, and you agree to submit to personal and exclusive jurisdiction of these courts.
COPYRIGHT AND CONTENT POLICY
- WBAPrices respects the intellectual property right of others, and requests you do the same. WBAPrices does not permit copyright infringing activities and infringement of intellectual property rights on its website.
- WBAPrices will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.
- WBAPrices reserves the right to remove Content without prior notice.
- WBAPrices will also terminate a User’s access to website, it they are determined to be a repeat infringer.
- WBAPrices may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
- If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide WBAPrices’ Copyright Agent the following information:
- An electronic or physical signature of the person authorize to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim had been infringed, including the URL (web page address) of the locations where the copyrighted work exists or a copy of the copyrighted work;
- A description of where the material that you claim is infringing is located on the website, including the URL;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you’re the copyright owner or authorized to act on the copyright owner’s behalf.
WBAPrices’ Copyright Agent for Notice of claim of copyright infringement can be reached as follows:
C/o Copyright Agent
36 Viking Way
Pittsburg, CA 94565
Please Note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, WBAPrices, its officers, directors, members, managers, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. WBAPrices makes no warranties or representations about the accuracy or completeness of the website’s content and assumes no liability for any:
- Mistakes or inaccuracies of content
- Personal injury or property damage resulting from your use of the website
- Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein
- Any interruption or cessation of transmission to or from the website
- 5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content on or via the website
- WBAPrices does not warrant, endorse or assume responsibility for any content, or product or service advertised or offered by a third party through the website or featured in any advertising
- WBAPrices will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
LIMITATION OF LIABILITY
In no event shall WBAPrices, its officers, directors, employees, members, managers, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Content, including any mistakes or inaccuracies therein.
- Personal injury or property damage, of any nature whatsoever, resulting from your use of our website.
- Any unauthorized use of our servers and/or any and all personal information and/or financial information stored therein.
- Any interruption or cessation of transmission to or from our website.
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content on or via the website, whether based on warranty, contract, tort, or any other legal theory.
- And Whether or not WBAPrices is advised of the possibility of such damages.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
YOU SPECIFICALLY ACKNOWLEDGE THAT WBAPRICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless WBAPrices, its affiliates, and their respective officers, directors, employees, members, managers, and agents, from and against any and all claims, damages, obligation, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
- You use of the website
- Your violations of these Terms and Conditions
- Your violation of the terms which apply to your User Submissions
- Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
- Any claim that one of your User Submissions caused damage to a third party.
- This defense and indemnification obligation will survive these Terms and Conditions and your use of the website.
ABILITY TO ACCEPT TERMS AND CONDITIONS
- In any case, you affirm that you are over the age of 13, as the website is not intended for children under 13.
- If you are under 13 years of age, then please do not use the website and talk to your parents about some other age-appropriate web sites for you to use.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WBAPrices without restriction.
UNAVAILABILITY OF SITE; TERMINATION; FRAUD
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost.
- In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons.
- We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Service.
- If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately.
- We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected.
- In the event these Terms of Service or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
You agree that:
- The website shall be deemed a passive website that does not give rise to personal jurisdiction over WBAPrices, either specific or general, in jurisdiction other than the State of California.
- These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
- Any claim or dispute between you and WBAPrices that arises in whole or in part from the website or these Terms and Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Martinez, California.
- If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- WBAPrices reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.
- Your use of the website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
YOU AND WBAPRICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WBAPRICES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.