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This
User Agreement describes the terms and
conditions applicable to your use of
information and services available under the
www.palletcentral.com website sponsored by the
National Wooden Pallet and Container
Association (NWPCA).
By accessing NWPCA’s website,
including but not limited to its chat boards
and Buy, Sell and Trade sourcing guide and/or
registering as a user, you agree to be bound
by the terms and conditions of this Agreement.
1.
Our services are available only to, and
can only be used by, individuals or business
entities that can form legally binding
contracts under applicable law.
Children under 18 can only use this
service under the supervision of a parent or
guardian.
2.
You accept and agree to be bound by
NWPCA’s online Code of Conduct [To
read the Code of Conduct, click here]
and its online Privacy Policy [To
read the Privacy Policy, click here].
3.
We are not involved in any chat or
transaction between users, buyers, sellers and
traders.
In addition, we cannot and do not
confirm each user’s purported identity.
We do not control the information
provided by other users or persons acting
under false pretenses.
As a result, we have no control over
the information appearing on the chat board or
the quality, safety or legality of the items
listed on this site, the ability or right of
sellers to sell items or the ability of buyers
to pay for items.
We cannot ensure that a buyer, seller
or trader will complete a transaction.
By using this website, you agree to
accept such risks and we are not responsible
for the acts or omissions of users on the
website.
4.
If you have a dispute with one or more
users, you release NWPCA, its officers,
directors, agents and employees from 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.
5.
Your activities on the website and the
information you list shall not (a)
be false, inaccurate or misleading;
(b)
be fraudulent or involve the sale of
counterfeit or stolen items;
(c)
infringe on any third party’s
copyright, patent, trademark, trade secret or
other proprietary rights;
(d)
violate any law, statute, ordinance or
regulation;
(e)
be defamatory, trade libelous,
unlawfully threatening or unlawfully
harassing;
(f)
be obscene or contain pornography; (g)
be “junk mail” or “spam”; or (h)
contain any viruses.
6.
We reserve the right to refuse to post
or remove any material submitted to or posted
on this website.
We also reserve the right to revoke
your authorization to view, download or print
materials available on the website and to
suspend or terminate your access at any time
for any reason whatsoever, including but not
limited to any suspected fraudulent activity
or suspected breach of this Agreement.
7.
WE PROVIDE THESE WEBSITE 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.
IN NO EVENT SHALL NWPCA, ITS OFFICERS,
DIRECTORS AND EMPLOYEES BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS WEBSITE.
IN ANY EVENT, NWPCA’S LIABILITY, AND
THE LIABILITY OF ITS OFFICERS, DIRECTORS AND
EMPLOYEES, IS LIMITED TO $1.
8.
You acknowledge that any rights granted
to you constitute a license and not a transfer
of title to any information on this website.
You do not obtain any ownership right,
title, or other interest in NWPCA copyrighted
materials or trademarks by downloading,
copying or otherwise using materials from this
website.
9.
You agree to indemnify and hold NWPCA,
its officers, directors and employees,
harmless from any claim or demand, including
reasonable attorneys’ fees, made by any
third party due to or arising out of your use
of this website and/or your breach of this
Agreement.
10.
No agency, partnership or employer –
employee relationship is intended or created
by this Agreement.
11.
This Agreement shall be governed by the
laws of the Commonwealth of Virginia and all
disputes arising under this Agreement will be
exclusively resolved in the courts of the
Commonwealth of Virginia.
By using this website, you agree to
subject yourself to the personal and subject
matter jurisdiction of the state and federal
courts of the Commonwealth of Virginia.
12.
This Agreement constitutes the entire
agreement between you and NWPCA and supersedes
all previous oral and written communications
with you.
If any provision of this Agreement is
unenforceable, the remaining terms will
continue in full force and effect.
We can amend this User Agreement from
time to time by posting the amended terms on
this website.
13.
You agree to permit NWPCA to send you
commercial, marketing or advertising materials
from time to time by facsimile or by e-mail,
unless you expressly opt-out of such
facsimiles and e-mails.
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