Question
I found Wagglepop's User Agreement. You have to DISABLE active scripting (JavaScript) in your browser's security tab in order to avoid being redirected to the new page. Wagglepop User Agreement
User Agreement
This Agreement describes the terms and conditions applicable to your use of Wagglepop. The complete User Agreement includes all information as posted above, in addition to detailed items numbered 1 through 16 below, inclusive.
We may amend this Agreement at any time by posting the amendments on our Community Board. This Agreement may not be otherwise amended except in writing. Last revised on January 24, 2005.
1. Membership Eligibility
Wagglepop is available only to registered, verified users, 18 years of age or older.
2. Fees
All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our site or site affiliates and all applicable taxes. Prices subject to change without notice.
3. Wagglepop is only a venue.
Wagglepop acts as the venue for sellers to list items and buyers to bid on or buy items. We are not involved in the actual transaction, and cannot speak to the quality of items or the legitimacy of a seller, a buyer, or a level or standard of service. The entire transaction is between buyer and seller alone.
In the event that you have a dispute while transacting on Wagglepop you release Wagglepop (and our officers, directors, agents, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code #167;1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
4. Bidding and Buying
If you are the highest successful bidder at the end of an auction, or you agree to a Fixed Price or InstantWIN! transaction, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law. By bidding or buying on Wagglepop you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or against the law. Bids are not retractable! Honor the community values and bid or buy in good faith.
5. Listing and Selling
Listings may only include information that describes your item for sale. All items must be listed in the appropriate category. You may not list more than 10 identical items at any one time on our site.
You are obligated to complete the transaction with the highest bidder upon the listing completion, unless there is a failure to comply on the buyer's part, such as the buyer failing to agree to your transaction terms, or you have reason to doubt the buyer's identity or intentions.
Wagglepop may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. We have a strict no-tolerance policy, and will work with law enforcement when asked to do so.
Users may not interfere with another users' listings in any way.
6. Your Registration Information
Your information, as submitted:
(a) shall not be inaccurate, false, untrue, or misleading
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items
(b) shall not be knowingly misrepresented
(c) shall not infringe any third party's copyright, patent, trademark, or proprietary rights or rights of privacy
(d) shall not violate any law, statute, ordinance or regulation, without exception
(e) shall not be defamatory, libelous, threatening or harassing
(f) shall not be obscene or contain any nudity of any kind
(g) shall not contain any viruses, worms, time bombs, trojan horses or other computer programming intended to damage or interfere with this site or others
7. Breach
Without reservation or prejudice, we may warn, suspend, or terminate your membership
(a) if you breach this agreement
(b) if we have reason to think your information submitted is false or fraudulent, or are unable to verify such submissions
(c) if we believe that your presence or actions may cause legal liability for any party, including yourself
8. No Warranty
WE PROVIDE all site and satellite site SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You have, arising from this, specific legal rights and you may also have other legal rights which vary from state to state.
9. Liability Limit
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH OUR SITE, OR THIS AGREEMENT , INCLUDING NEGLIGENCE, SITE OUTAGES, AND/OR GLITCHES, OR PERCEIVED OUTAGES AND/OR GLITCHES.
OUR LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. (Except in sates that allow the limitation of liability.)
10. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, 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.
11. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Wagglepop including, listing, purchase, advertising, and sale of items.
12. No Partnership or Special Agent
You and Wagglepop are independent contractors, and NO partnership, joint venture, special agent, employee or franchisee relationship is created or inferred by this Agreement.
13. Notification Address
All notices shall be given by mail to Wagglepop Attention: Legal P.O. Box 242 Baldwin Place, NY 10505 or to the email address you provided to Wagglepop during the registration and verification process.
14. General
This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York and New York residents. We do not guarantee continuous, uninterrupted or secure access to our site, and operation of our site may be interfered with by numerous factors outside of our control, including, but not limited to, weather, disaster, or acts of God.
15. Prohibited Items
In addition to the items prohibited in the Selling section, also prohibited are:
Any item that is counterfeit or stolen, or that violates or infringes copyrights, trademark rights, publicity rights and privacy rights.
Any item that would cause reasonably foreseeable harm to minors.
Any item that is obscene.
Any item not appropriate for sale for health, safety or other reasons.
Alcohol
Illegal drugs and drug paraphernalia.
Prescription drugs.
Medical devices.
Tobacco products.
Human bodies, body parts and bodily fluids.
Animals, animal items, or products subject to laws or regulations for the protection of animals.
Any item that has been recalled by any governmental authority or agency or by its manufacturer.
Any item used or intended for use to obtain unauthorized access to any type of communication.
Any item used or intended for use to obtain unauthorized access to any place or vehicle.
Fireworks and any other explosive device.
Hazardous or restricted materials and chemicals.
Stocks and securities.
Gambling items.
Event tickets, unless in accordance with applicable law.
Non-packaged food or beverage items.
Manufacturers', retailers' and any other coupons.
Government-issued identification documents, authentic or counterfeit.
Current law enforcement items, or law enforcement items which still have jurisdiction.
Non-transferable items.
Any item used or intended for use to produce counterfeit items of any nature.
Any item that violates any U.S. export law or regulation or any U.S. embargo or other trading restriction.
Any item that promotes, or is directly associated with any group or individual known for violent or hateful rhetoric or action.
Any wholesale lists or information only items.
Mobile phone service plans.
Any other item Wagglepop decides inappropriate, at our sole discretion, without notice.
16. Disclosure
The Wagglepop site service is offered by Wagglepop LLC P.O. Box 242 Baldwin Place, NY 10505.
Blanche
Answer
9. Liability Limit
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH OUR SITE, OR THIS AGREEMENT , INCLUDING NEGLIGENCE, SITE OUTAGES, AND/OR GLITCHES, OR PERCEIVED OUTAGES AND/OR GLITCHES.
OUR LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. (Except in sates that allow the limitation of liability.)
Yeah, but that doesn't really extend to willfull misconduct on the part of the owner....
Good job finding and posting this, Blanche!
Answer
Originally Posted by Toy Ranch
... willfull misconduct on the part of the owner ...
Theeee single best reason to leave the WP historical live on FAS. It shows a steady decline of said owner and demonstrates at the very least his rather questionable behavior. It contains hundreds of RR's statements and mis-statements.
Answer
Remind me to never remotely think of future sites that startup...
Or when these words exist or similar to...
3. Wagglepop is only a venue.
Answer
Poor Ray. I hope he saved money for a lawyer.