Welcome to The Waymatic Online Classifieds' User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at the Pre-Owned section of Waymatic.com.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Waymatic Inc. This agreement is effective on September 1st, 2002 for new registering users, and is otherwise effective on September 1st, 2002 for all users registered prior to March 21, 2001 

Membership Eligibility. 
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended The Waymatic Online Classifieds members. If you do not qualify, please do not use our services. Further, your The Waymatic Online Classifieds account and User Id may not be transferred or sold to another party. 

Fees and Services. 
Joining The Waymatic Online Classifieds is free. Our Fees and Credits Policy is available (at http://www.waymatic.com/classifieds/classifieds/xccpsellersguide.asp) and is incorporated by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by emailing members of changes made. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post or advertise the temporary promotional event on The Waymatic Online Classifieds. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. 

The Waymatic Online Classifieds is Only a Venue. 
3.1 Online Classifieds. Our site acts as a venue to allow anyone to offer, sell, and buy new and used equipment, at anytime, from anywhere in a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. 
3.2 Safe Trading. Because user authentication on the Internet is difficult, The Waymatic Online Classifieds cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Waymatic Inc. (and our officers, directors, agents, subsidiaries 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.
3.4 Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. 

Listing and Selling. 
4.1 Listing Description. You must be legally able to sell the item(s) or service you list for sale on our Site. You must describe your item or service and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item or service. All listed items or services must be listed in an appropriate category. At any one time you may not promote identical items or services in more than ten (1) listing on our site. 
4.2 Fraud. Without limiting any other remedies, The Waymatic Online Classifieds may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site. 
4.3 Manipulation. Neither you, buyers nor sellers may manipulate the price of any item or service nor may you interfere with other user's listings. 

Your Information. 
5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, buying or listing process, in direct contact or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 
5.2 Restrictions. Your Information (or any items or services listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's or services amount; (cc) are concurrently listed for sale on a web site other than The Waymatic Online Classifieds' (this does not prevent linking to or advertising an The Waymatic Online Classifieds item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item or service on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items (at http://www.waymatic.com/classifieds/classifieds/xccpprohibited.asp) list. 
5.3 License. Solely to enable The Waymatic Online Classifieds to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Waymatic Online Classifieds will only use Your Information in accordance with our Privacy Policy. 

Access and Interference. 
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the The Waymatic Online Classifieds site or any listing being placed on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to The Waymatic Online Classifieds by our users or third parties. 

Breach. 
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. 

Privacy. 

Our current Privacy Policy is available (at http://www.The Waymatic Online Classifieds/classifieds/xccpprivacypolicy.asp). 

No Warranty. 
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit. 
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 


Indemnity. 
You agree to indemnify and hold us and (as applicable) our parent, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

Legal Compliance. 
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. 

No Agency. 
You and Waymatic Inc. and The Waymatic Online Classifieds or Pre-Owned section of this web site are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

Notices. 
Except as explicitly stated otherwise, any notices shall be given by postal mail to The Waymatic Online Classifieds Attn: Classifieds P.O. Box 5320 South Fulton TN 38257 (in the case of The Waymatic Online Classifieds) or to the email address you provide to The Waymatic Online Classifieds 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 notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Waymatic Online Classifieds during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

Arbitration. 
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Waymatic Inc. to collect our fees and/or recover damages for, or obtain an injunction relating to, the The Waymatic Online Classifieds site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Obion County TN, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Waymatic Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Obion County TN, necessary to protect the rights or property of you or Waymatic Inc.  pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00. 

General. 
This Agreement shall be governed in all respects by the laws of the State of Tennessee as such laws are applied to agreements entered into and to be performed entirely within the United States of America. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Waymatic Inc., in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement. 

Disclosures. 
The services hereunder are offered by Waymatic Inc., located at 5354 Ken-Tenn Rd. South Fulton TN 38257. Fees for our services are described at http://www.waymatic.com/classifieds/classifieds/XcCPUSellersguide.htm.  

Disputes between you and Waymatic Inc. regarding our services may be reported to Customer Support by emailing us at classifieds@waymatic.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.