Terms & Conditions
| The following describes the terms on which WGA offers you access to our services. Introduction Welcome to WGA. By using WGA (including stlwga.com and its related sites, services and tools), you agree to the following terms with WGA Inc. and the general principles for the websites of our subsidiaries and affiliates. This Agreement is effective on June 14, 2009, for current users, and upon acceptance for new users. Scope Before you may become a member of the WGA auction site, you must read and accept all of the terms in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use WGA sites or services, or when you use the tools we make available to interact with WGA sites and services. If you use another WGA site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some WGA sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools. Using WGA While using WGA sites, services and tools, you will not: post content or items in an inappropriate category or areas on our sites and services; violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other users' listings; circumvent or manipulate our fee structure, the billing process, or fees owed to WGA; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to WGA); transfer your WGA account (including feedback) and User ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm WGA, or the interests or property of WGA users; export or re-export any WGA tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the WGA sites, service or tools or WGA's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. Abusing WGA WGA and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. WGA's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue WGA sites, services or tools. WGA Purchase Protection Buyers and sellers share the responsibility of making sure purchases facilitated by WGA are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. When a buyer doesn't receive an item or the item doesn't match what was described, and the seller doesn't provide adequate resolution to the buyer, WGA will reimburse the buyer subject to the conditions, exclusions and coverage limitations of the WGA Purchase Protection policy. WGA will reimburse the buyer up to the full purchase price plus shipping and other specific transaction costs paid by the buyer to the seller, as described in the WGA Purchase Protection policy. The WGA Purchase Protection policy is part of this Agreement and incorporated by reference. Buyer Obligations: Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the WGA Purchase Protection policy. For covered claims that meet the conditions and are not excluded, WGA will reimburse eligible buyers by PayPal or by coupon redeemable on WGA, in WGA’s discretion, based upon a number of factors, such as whether the buyer has a PayPal account, the type of payment made to the seller and the payment amount. Buyers who WGA believes are not acting in good faith, abusing the program or a seller, attempting to commit or committing fraud, or trying to unjustly benefit from the program may become ineligible for WGA Purchase Protection. Buyers who become ineligible will be notified by WGA prior to ineligibility. WGA reserves the right to temporarily, indefinitely or permanently suspend the WGA Purchase Protection program immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the program. WGA Purchase Protection doesn’t cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated from another third party. Please read the WGA Purchase Protection policy for more details. Seller Obligations: Sellers agree to follow the program requirements as explained in the WGA Purchase Protection policy. All sellers with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the WGA Purchase Protection Policy. If a seller doesn't resolve a claim, the seller agrees to pay WGA the amount paid by WGA to the buyer in accordance with the WGA Purchase Protection policy. WGA will invoice the seller for these amounts and seller agrees to pay WGA in accordance with the invoice terms. Obligations when a buyer opens a claim alleging an item is counterfeit: Sellers shall work with the buyer in good faith during the resolution process to provide buyer with appropriate documentation or other assurances to satisfy the buyer that the item is not counterfeit, if such information is available. If buyer and seller cannot agree that the item is not counterfeit, for covered claims that meet the conditions and are not excluded, buyers are required to send the item back to the seller. Cost of return shipping will be paid by the buyer or WGA in our sole discretion, unless otherwise agreed upon by the buyer and seller. Covered claims that meet the conditions and are not excluded will count as a violation by the seller of our prohibited and infringing items policy. Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any WGA Inc. (including our subsidiaries, joint ventures, and other members of the group) web site or service located around the world. While buyers are not obligated to provide third party confirmation that an item is counterfeit in order to open a claim, in cases where there is written confirmation from the manufacturer that the item is counterfeit, or in additional circumstances where WGA elects to exercise its discretion, WGA may request the destruction of the item by an authorized third party and at WGA’s expense. Fees and Services Joining WGA and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the WGA site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you are responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers or us responsible for inaccuracies in catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your WGA listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights. Limitation of Liability You will not hold WGA responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly motors and real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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." Access and Interference The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to WGA by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of WGA and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the WGA Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the WGA Privacy Policy. If you object to your information being transferred or used in this way please do not use our services. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on WGA's national registered agent (in the case of WGA) or to the email address you provide to WGA during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of Disputes If a dispute arises between you and WGA, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and WGA agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against WGA must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims - All claims you bring against WGA must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, WGA may recover attorneys' fees and costs up to $1000, provided that WGA has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Additional Terms The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites: General WGA Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. Europe S.à r.l. is located at 22-24 Boulevard Royal, L-2449 Luxembourg. WGA International AG is located at Helvetiastrasse 15/17, 3005, Bern, Switzerland. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the WGA Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. |