|
|
||||
|
|
||||
|
TERMS OF USE PRIVACY POLICY
|
||||
|
TERMS OF USE |
||||
|
Welcome to the Internet site of World Exhibit Brokers, Inc. (“WEBI”). WEBI includes Webisales.com, UsedTradeShowExhibits.com and BoothFinder.com and any and all entities that control, are controlled by, or are affiliated or under common control with WEBI and are collectively referred to herein as "we," "us" or "our". We ask that you review these Terms of Use carefully before using any of our web sites, which are intended to constitute a binding license agreement ("Agreement") that conditions your use of this site. By using any WEBI Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the WEBI Sites. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in the section labeled "Amendment”. We have tried to avoid unnecessary legal verbiage. Our goal is to protect our rights in order to provide you with access to the free content available at this site. If you do not wish to be bound by this Agreement after you have read it, please leave the site. If you remain on this site, or return thereafter, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of the Website. Furthermore, by clicking on the checkbox below marked "I Accept" or by using the Website, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of this Web site. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. WEBI may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. WEBI assumes no responsibility regarding the accuracy of the information that is provided by WEBI and use of such information is at the recipient's own risk. WEBI provides no assurances that any reported problems may be resolved with the use of any information that WEBI provides. By furnishing information, WEBI does not grant any licenses to any copyrights, patents or any other intellectual property rights. These terms of use outline an agreement between WEBI and any visitors or buyer or sellers of its websites. This agreement ("Agreement") also governs your use of the products and services made available to you by WEBI through its websites ("Website"). WEBI reserves the right to amend any or all of the terms of this Agreement from time to time without notice to you. We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. As you use the Website, you will encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contract, either to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Where such web page or website contains terms, conditions, policies, notices or disclaimers prepared by WEBI related to the use of our Website or other web pages, or websites accessed through our Website, such terms, conditions, policies, notices or disclaimers are incorporated by reference into this Agreement whether or not any such term, condition, policy, notice, or disclaimer is referenced below. You acknowledge that you are aware of and accept the terms and conditions of WEBI’s Privacy Policy. WEBI, on one end is a listing and information service. Information about a particular trade show exhibit, exhibit inventory, exhibit property, booth, consignment item, components, literary material, personal property, manufactured product, second hand material (“Used Inventory”) is supplied by the Seller, not by WEBI. WEBI makes no warranty or representation, expressed or implied as to the condition, or inventory of the Used Inventory. The listed/purchased Used Inventory (exhibit inventory) has been provided by previous owners and is believed to be reliable, but not guaranteed by either WEBI or its associates. The Used Inventory must be verified by the Purchaser at Purchaser's cost. The sale of the Used Inventory solely includes exhibit material used for the complete installation of the exhibit. Carpet, detachable lighting units, bulbs, electric cords, furniture, etc. are considered peripheral properties and may be stated in the inventory list, but are not considered part of the sale of the exhibit. If available, these peripherals will be delivered with the Used Inventory. Previous owner graphics, electronic, static and equipment or proprietary items, or other items not necessary for the installation of the Used Inventory will not be included in the sale whether or not they have been introduced to the Purchaser in previous documentation, web pages or otherwise provided in the introduction of the Used Inventory. This site offers Sellers and Buyers the opportunity to publish, retrieve, gather information and to make contact with Buyers, Vendors or other Sellers who have posted advertisements and make other information available through our Website. All information regarding a specific Seller’s product has been provided by that Seller. We contract with Sellers for a fee and such fee is not based on the volume or value of any services Sellers may or may not provide to our users. We do not endorse, credential or accredit the services or products our Sellers advertise and make no representations or warranties about the type of services or products, quality, source of payment or billing practices of our Sellers. We do not verify or update the licenses, accreditations, certifications or other permits and approvals of any Seller. Buyers are responsible for all activities between you and a Seller. WEBI makes absolutely no guarantee about the creditworthiness of a buyer or accuracy of the product or services purchased on any of WEBI‘s web sites. WEBI makes reasonable efforts to respond to all inquiries (email and others) but does not guarantee response to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While WEBI attempts to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error. WEBI reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability. All terms of the sale are based upon direct negotiation between the buyer and Seller or WEBI and the Buyer. Prices shown on the listing advertisements often do not include sales tax, shipping or other applicable fees or charges, all of which may be added by a Seller. Just as WEBI cannot make any representations about its Sellers, WEBI makes absolutely no guarantee about the worthiness of a Buyer or Seller. When Sellers offer a product for sale, the Sellers must be prepared to sell the items or products for the price and quantity shown as listed. The information supplied by the Sellers must be accurate so that the buyers can identify and contact the Seller directly. Sellers are solely responsible for all information posted in their listings. When Sellers list a particular product or item, it is considered an offer to sell at that price. When accepted, a binding contract is formed between the buyer and Seller - at least as far as WEBI is concerned (local or state laws may vary). However, the transaction is between the buyer and Seller, and WEBI has no liability arising out of or related to the transaction as it actually transpires or does not transpire. WEBI assumes no liability for any claim, unforeseen damages, demand, loss or damage to Purchaser or third parties arising out of the use of, or any contact with, the product, including, without limitation, any personal injury or property damage. Purchaser shall hold WEBI harmless from, and indemnify WEBI against any such claim, demand, loss or damage, whether based in contract or in tort. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. WEBI charges and receives a 'listing fee' from Sellers who advertise products and/or services on this Website. WEBI receives a 15% commission for any and all revenues from products sold on it website in addition to advertisements fees. A buyer pays no fees and acknowledges that if a transaction occurs between Buyer and Seller it does not involve WEBI except for when WEBI is the seller. WEBI also sells services and PRODUCT under consignment. In the process the Seller appoints the Broker as its exclusive agent with the exclusive right to sell its PRODUCT during the term of this Consignment Agreement. By such appointment, Seller relinquishes any and all rights to sell the PRODUCT or to communicate any information regarding the PRODUCT, which include discussing inventory, price and location with any prospective buyers during the term of this Listing Agreement. Seller must refer to the Broker any and all calls made to seller by prospective buyers. Limited and exclusive refund policy: WEBI will only refund Seller’s listing fees following if Seller cancel by email within 24 hours of ordering a listing advertisement, WEBI will refund the listing fee if: (a) your listing advertisement has not been posted and you wish to cancel the listing advertisement or (b) you mistakenly ordered and paid for duplicate listing advertisements and you seek to cancel the duplicate ads. You may not cancel any non-duplicate listing advertisements. If you making a change in your listing advertisement and in WEBI’s sole opinion it appear that you are attempting to insert a new advertisement (as opposed to correcting a mistake); you will be charged another listing fee. If WEBI has made a posting error with your listing advertisement, you are required to notify us of the error by email within 24 hours and we will fix or correct the error at no charge. However, you will still be responsible for the payment of the original listing fee. Changing and correcting a listing or classified advertisement is the sole and exclusive remedy from any errors made by WEBI in the submission of your listing advertisement. In no case will WEBI be responsible to the advertiser for any loss of business, damage and cost or expenses arising from any such error. WEBI may associate and provide links to affiliate web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, WEBI does not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that WEBI does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that WEBI has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that WEBI does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites. WEBI may gather and share customer and client information with its Sellers. Such information may be aggregate or individual. Information we gather about the use of our website may be used in providing information to our Sellers, advertisers or vendors of products and services with which we have a relationship. If you elect to provide additional information about yourself (which may include for example, your name, e-mail address, mailing address or other background or contact information), such information shall be used WEBI or any Seller for the purpose for which it was given. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by WEBI to enforce this Agreement. Upon registering a username and password on WEBI, the user will automatically be subscribed to our monthly communication procedure to our list of prospective clients, associates and customers. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to WEBI that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement of use in any manner. We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. Although WEBI does not and cannot review the messages posted and are not responsible for the content of any of these messages, it reserves the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold WEBI harmless with respect to any claim based upon transmission of your message(s). WEBI reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. WEBI reserves the right to use any messages or information posted by you for any purpose, including but not limited reproduction in its electronic or printed publications and you grant WEBI a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any such message or information. WEBI cannot make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to users, or that its files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics. You agree to indemnify and hold harmless WEBI , its affiliates and their respective officers directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the Website, including without limitation, (i) claims based on defamation or other conduct by you in using the Website, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets. If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from WEBI shall be governed by the laws of the United States of America and the State of Nevada. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from WEBI shall be brought exclusively in the United States District Court, Clark county, Las Vegas Nevada, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to WEBI shall be given in writing addressed to the Chief Operating Officer and sent by certified and registered mail to WEBI, Inc., at its corporate office, 8883 West Flamingo, Suite 102 Las Vegas, Clark Cty, Nevada 89147. Be informed that this Agreement constitutes your entire agreement with WEBI and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. WEBI has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exist between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. As a user of this site, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, WEBI has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by WEBI contrary to those set forth above. The names "WEBI ", and associated logos are proprietary trademarks and service marks of World Exhibit Brokers, Inc. The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of WEBI . All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in electronics form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any WEBI materials is expressly prohibited without prior written consent from WEBI. You may hyperlink to the Website provided that the link is to the HOME page of the Website. The Website includes an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information to WEBI without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify WEBI for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant WEBI a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any information or material submitted by you through the Website, including but not limited to distribution in WEBI’s electronic and print newsletter. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WEBI’s copyright agent the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; (6) 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 owners behalf. WEBI’s Copyright Agent for Notice of claims of copyright infringement can be reached at its corporate office. NO WARRANTY INFORMATION SUPPLIED BY WEBI IS PROVIDED "AS IS, AS AVAILABLE" AND NEITHER WEBI NOR ITS USERS, INCLUDING WITHOUT LIMITATION OUR SELLERS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT WEBI, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH WEBI OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF WEBI OR ITS SUBSIDIARIES. AMENDMENT We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any WEBI Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use. This Web site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Las Vegas Nevada
|
||||
|
In the interest of terminology in this section of the agreement, the term "Exhibit" will denote display(s), booth(s), trade show exhibit(s) and stand's) Exhibits are sold "as is", "where-is". WEBI makes no warranty or representation, expressed or implied as to the condition, or inventory of the Exhibit. The attached inventory has been provided by the previous owner and is believed to be reliable, but not guaranteed by either WEBI or its associates. The inventory must be verified by the Purchaser at Purchaser's cost. The sale of the Exhibit solely includes exhibit material used for the complete installation of the Exhibit. Carpet, detachable lighting units, bulbs, electric cords, furniture, etc. are considered peripheral properties and may be stated in the inventory list, but are not considered part of the sale of the Exhibit. If available, these peripherals will be delivered with the Exhibit. Previous owner graphics, electronic, static and equipment or proprietary items, or other items not necessary for the installation of the Exhibit will not be included in the sale whether or not they have been introduced to the Purchaser in previous documentation, web pages or otherwise provided in the introduction of the Exhibit. Terms are as-is-where-is actual storage location WEBI assumes no liability for any claim, unforeseen damages, demand, loss or damage to Purchasers or third parties arising out of the use of, or any contact with, the Exhibit, including, without limitation, any personal injury or property damage. Purchasers shall hold WEBI harmless from, and indemnify WEBI against any such claim, demand, loss or damage, whether based in contract or in tort. The Sale Price is the price paid for the purchase of the Exhibit properties only. Handling out of storage, transportation and storage after the sale are not included in the purchase price of the Exhibit. The process of closing the sale may take as little as three days and as long as five days depending on the response of our associates. The closing timeline may include any or all of the following activities; making final payments to storage facility, payoffs of financing, processing documents.
|
||||
|
In the interest of terminology in this section of the agreement, the term "Exhibit" will denote display(s), booth(s), trade show exhibit(s), stand's), exhibit parts and portable exhibits properties. Using the listing process on this site, the Seller appoints WEBI as its exclusive agent with the exclusive right to sell the Exhibit during the term of the Listing Agreement. By such appointment, Seller also hereby relinquishes any and all rights to sell the Exhibit or to communicate any information regarding the Exhibit which include discussing inventory, price and location with any prospective buyers during the term of this Listing Agreement. Seller must refer to the WEBI, any and all calls and inquiries regarding the purchase of the Exhibit received during the term of this agreement from prospective exhibit buyers. Seller is to maintain storage of the Exhibit and assure the Exhibit to remain in the same physical condition through the term of the Agreement. Any change in storage location must be communicated to WEBI. The Seller warrants that the information provided on this site to establish the rating necessary to derive the Net Proceed is accurate; and that the Exhibit is free and clear of all liens, claims and encumbrances; and that the provided inventory is accurate; and that there are no known defects or structural damage to the Exhibit. Any change in storage location will be communicated to WEBI. WEBI makes no guarantee or otherwise represents that the listing of Seller's Exhibit will result in a sale thereof. The net proceed established in the listing agreement is an automated result from information provided by the Seller to establish the booth rating. If the information provided by the Seller is not congruent with the rating the Seller selected to establish the Net Return Proceed (NEP), WEBI reserves the right to change the Net Proceed to match the revised rating. It is the Seller's responsibility to remove all proprietary material and trade information from the resale inventory. All such materials stored with the Exhibit inventory at the time the Exhibit is sold shall be transferred with the ownership of the Exhibit. Any specifications, drawings, sketches, out takes, audio material, data, reports, work product, or other technical or business information or materials furnished or disclosed by Seller, shall become part the sold inventory of WEBI's post- sale archive A Listing Agreement expires three months after the date of its execution or at the sale of the Exhibit. Upon the expiration of the term, should Seller or WEBI decline to cancel the Agreement, the term of the Agreement is automatically extended for additional three month periods, until such time as the sale of said Exhibit is consummated. Either Seller or WEBI may cancel the agreement, without cause, by providing written notice to the other of its intention to cancel at least thirty days before the end of the second term or any subsequent term hereof. If Seller cancels this Agreement, Seller will not, under any circumstance, sell directly or indirectly to prospective buyers or associates, divisions or related companies of Seller introduced to the Exhibit hereto mentioned, by WEBI, for a period of 12 months after Seller's cancellation of the Agreement. Non Circumvention Clause: The Seller, intending to be legally bound, irrevocably agrees not to circumvent, avoid, bypass, directly or indirectly, to avoid payment or fees, commissions, or any other form of compensation in any transaction with any corporation, partnership, or individual, revealed by WEBI, in connection with this sale, or currency exchange, or any loans or collateral, or findings, or another transaction involving tradeshow exhibits, or services, or addition, renewal, extensions, rollovers, amendment, new contract, renegotiations, parallel contract agreement or third party assignment hereof. This clause ends with the sale of the exhibit or otherwise be valid for a period of one year. In the event of circumvention, WEBI directly or indirectly shall be entitled to a legal monetary penalty equal to the maximum service fee it should realize from such transactions, including all legal expenses in the recovery of funds. Should Seller breach the Agreement by intentionally obstructing or negating a viable sale of the Exhibit or by removing the Exhibit from storage without notice to WEBI, or using the Exhibit during the term hereof, Seller is be liable to WEBI for losses in profits from the pending sale, the amount not to exceed ($4,000.00) four thousand dollars and will be liable for all disclosed incurred trade show service expenses related to the sale of the exhibit. |
||||
|