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 WEBSITE USER AGREEMENT

Please read the following Website User Agreement carefully before using this website.

This Web Site User Agreement ("Agreement") is entered into by the User and Welistyou LLC (“Welistyou”), a Company incorporated in USA, having its registered office at 49 Connecticut Blvd Ste 7 East Hartford CT 06108, USA. The WELISTYOU Site (“Site”) http://www.welistyou.com is comprised of various web pages, tools, information, software, content, software, and features operated by WELISTYOU. 

This Agreement sets forth the terms and conditions under which the user uses the Site and under which WELISTYOU agrees to the use of the Site. By using the Site, the user agrees to be bound by the terms of this Agreement.
 

1. SCOPE OF SITE

WELISTYOU makes the Site available to users at no charge. The features of the Site shall include but are not limited to, access to products and services for individuals and small businesses including but not limited to Autos, Jobs, Real Estate, etc.

The Site acts as the venue for individuals and businesses to place goods and services for sale and sell the said goods and services to interested persons. The Site is not involved in the actual transaction between buyers and listers.

WELISTYOU has no control over the truth or accuracy of the listings of various goods and services, the quality, safety or legality of the goods and services advertised, the ability of listers to sell listings or the ability of buyers to buy listings.

The Site is intended solely for private and personal use on the user’s computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.

WELISTYOU does not claim responsibility for whether or not listers will complete the sale of listings they offer or buyers will complete the purchase of listings they have offered to buy.

In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The user is encouraged to communicate directly with a trading partner to help evaluate the person.

WELISTYOU does not have control over the goods and services that are posted in the Site, and cannot guarantee the authenticity and quality of a said product. WELISTYOU is not responsible for the actions the listers takes, before, during, and after the sale, typographical errors, misprints or other typos, loss of merchandise/money, damage or failure of equipment, due to the user’s visit to this site.

Use of the Site is at the user’s own risk, and content is presented 'As-Is'.

 

2. REGISTERED USERS

The use of the Site and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services. Users must provide truthful and accurate information when registering, as registration indicates acceptance of this Agreement. WELISTYOU reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

 

3. BUYING AND SELLING

A user of the Site may perform various transactions including:

  • Buying of Goods for sale
  • Buying of Services for sale
  • Posting messages in a Forum
  • Usage of chat area
  • Usage of internal email system for communication with potential buyers
  • View and post various jobs / resumes
  • Feedback system to record positive negative or neutral feedback about a site transaction.


Listings are text descriptions, graphics and pictures on the Site supplied by the user of either (a) the text describing the listing listed for sale or (b) links to the text, graphics and picture(s) describing the listing listed for sale. Either or both of these listing types may be posted on the Site, provided that such listings are mentioned in their appropriate category, as the Site may require.

A user is welcome to post listings up for sale on the sale. A user shall not sell illegal merchandise, including pirated software and music, rebates, coupons, or other listings illegal or not available for resale. listings that are up for buys are subject to review by WELISTYOU, and shall be removed without prior notice, if in violation with the Agreement.

The listing that the lister places up for buys must be real. Pre-sales are accepted. Once a buy has been placed for the listing, the lister is part of a binding contract with the potential buyer of the product, if that buy shall be the highest buy.

Buy offers are not retractable except in exceptional circumstances such as the lister materially changing the description of the listing after the buyer’s offer or unless due to fault by the lister of typographical error, or other error, due to human error on the lister's part.

Obscene or rude postings advertising a good or service shall entitle the user of such communication to be disqualified from using the Site.

Any ongoing sale may be cancelled, if WELISTYOU determines that it is necessary to do so to comply with any of the rules, terms and conditions of the Site, or to comply with any law, rule, regulation or order applicable to WELISTYOU, to the Site or to any user on the Site, or to prevent fraud or abuse.

On such termination of an ongoing sale, all amounts deposited by the buyer will be nullified and returned to the buyer.

 

4. SECURITY

By signing up on or otherwise posting goods and services on the Site or opening an account with the Site, the user authorizes WELISTYOU to, at any time and from time to time, confirm the user’s identity and take steps to validate the financial transactions the user performs on the Site. To help these security checks, the user agrees to provide WELISTYOU with identification or other information or documents as WELISTYOU requests.

User information includes any information provided by the user to WELISTYOU or other users during the registration, buying or listing process, in any public message area or through any email feature.

The user is solely responsible for user information, and the Site acts as a passive conduit for online distribution and publication of user information. However, WELISTYOU reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

User information and the sale of the user’s listing(s) on the Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) shall not link directly to or include descriptions of goods or services that: (i) are identical to other listings the User have up for sale but are priced lower than the sale listing's reserve or minimum buy amount; (ii) are concurrently listed for sale on a web site other than the Site's; or (iii) the user do not have a right to link to or include. Furthermore, the user shall not post on or sell through the Site any listing that, by paying to WELISTYOU the listing fee, could cause WELISTYOU to violate any applicable law, statute, ordinance or regulation.

The user agrees to grant WELISTYOU a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) the user has in user information, in any media now known or not currently known.

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited.

 

5. WARRANTIES

In the event the User has a dispute with one or more users, the User shall release WELISTYOU (and its agents and employees) from all claims, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the User’s entry onto the Site, any misinformation that the User provides to the Site, any action that the User takes in violation of any of the rules, terms or conditions of the Site, participation in any sale or other activities on or made available to the User through the Site, the use of the Site’s software, or receiving sale points, or other such incentives from the Site or sponsors, or in any way connected with such disputes.

By opening, maintaining and using an account, the User represents and warrants that he is not a resident of any jurisdiction which does not allow the goods and services provided by the Site to be offered or used.

WELISTYOU (and its third party suppliers and licensors) provide the Site on an "as is," as available, basis, with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, compatibility of software programs, integration, lack of viruses or other disabling code or condition or those warranties which may arise by course of dealing, or course of trade.

WELISTYOU does not warrant the security of the Site or, information, software, content, and features available through it will be uninterrupted, error-free, provided properly or completely, or be available 24 hours per day, 7 days per week. WELISTYOU in its discretion may provide support for the Site.

 

6. LIMITATION OF LIABILITY

In no event will WELISTYOU be liable to any party for (i) any special, direct, indirect, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages arising in any way from or in connection with the availability, use, reliance on, performance of the Site, provision of or failure to provide the Site, loss of data, the User access or inability to access or use the Site or the use and reliance on information or content available on or through the Site, including viruses alleged to have been obtained, or invasion of privacy from or through the Site, even if WELISTYOU has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of, arising out of or in connection with the use or performance of the   site. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, WELISTYOU's liability shall be limited to the maximum extent permitted by law.

 

7. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE

Without prejudice to any other rights that it may have, WELISTYOU reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event the User or WELISTYOU terminate this Agreement, the User must immediately stop using the Site.
WELISTYOU shall terminate membership and any of current sales immediately if the User commits breach of this Agreement or if WELISTYOU is unable to verify or authenticate any information the User provide to it.

By buying a good or service, the Buyer agrees to honor all listed terms of sale including, but not limited to, method of payment, appropriate state sales tax, and shipping and handling fees. Failure to honor this obligation may result in the termination of the Buyer's registration.

 

8. CHANGES TO AGREEMENT

WELISTYOU reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to use of the Site). The User agrees to visit the Site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the Site after revisions are posted, the User accepts the revisions and agrees to abide by them.

 

9. INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by WELISTYOU, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the   Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant the User any rights to use such content, nor does it grant any rights to WELISTYOU other than the right to use the Site according to the terms of the Agreement.

 

10. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless WELISTYOU and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the User (or any parties who use the User’s computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.

 

11. DATA MANAGEMENT

The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
The User are responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User are also responsible for development and maintenance of any security procedures the User deem appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.

WELISTYOU is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by WELISTYOU or its portal supplier may be placed in the Site’s user directory.

 

12. LIMITATIONS ON USE

The User agree and acknowledge that through his use of the Site, he shall have access to information which may be unsuitable or objectionable, especially for children under the age of eighteen (18) years old. The User agrees to supervise usage of the Site by any minors who use the Site. WELISTYOU is not responsible for access by any users, neither the User nor minors, to objectionable or offensive information or data. The User agree that use of the   Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.         

The User agree that the reliability, availability and performance of resources accessed through the Internet or other services connected or linked to the Site are beyond WELISTYOU's control and are not in any way warranted or supported by WELISTYOU. The User agree that WELISTYOU cannot and does not guarantee or warrant that files available for downloading through the   Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.  

The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. WELISTYOU is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data.       

The User understands and agrees that WELISTYOU does not warrant the Site to be uninterrupted or error-free. The User further understand and agree that WELISTYOU has no control over third party networks or  sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of WELISTYOU.       

The User agrees that WELISTYOU assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. WELISTYOU does not monitor or control such services, although it reserves the right to do so. WELISTYOU shall take any action that it deems appropriate, in its sole discretion, to maintain the high quality of the Site and to protect others and itself.

The User acknowledges that WELISTYOU shall be the final decision maker of whether the User have violated the Agreement in a manner that results in his suspension or permanent barring from participation in the Site.

 

13. MISCELLANEOUS PROVISIONS

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

By transmitting, uploading, posting or submitting any information or material using the Site Tools, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws.

The Site contains third party links and it is provided by WELISTYOU only as a convenience to its users. Any web sites linked to or from the Site are not reviewed, controlled, or examined by WELISTYOU and it is not responsible for the contents of any linked site or any link contained in a linked site. In no event shall WELISTYOU be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.        

The terms of this Agreement apply only to the use of the Site and do not apply to the use of any other WELISTYOU product or service.     

The User and WELISTYOU agree that the substantive laws of the State of Connecticut, USA, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. The User and WELISTYOU consent to the exclusive personal jurisdiction of and venue in a court located in Indiana, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this agreement or to the Site. Except as otherwise required by law, including Indiana laws relating to consumer transactions, any cause of action or claim the User may have with respect to the   Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.     

This Agreement, including all Attachments hereto, which are fully incorporated into this Agreement, and also including all policies and notices incorporated into this Agreement by reference, constitutes the entire agreement between the User and WELISTYOU with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement may be revised by WELISTYOU as mentioned above in paragraph 7. Any terms varying from this Agreement in any written or electronic communication from the User are void.

 

 
Copyright © 2006-2007 Welistyou llc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners.
Use of this Web site constitutes acceptance of the welistyou User Agreement and Privacy Policy