User Agreement
By using WoodwindForum.com you hereby agree as follows.
The WoodwindForum Guidelines, Sales Corner Guidelines, and any additional rules and regulations that are hereby incorporated by reference.
Compliance with Law
All users shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our site and your listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
Use of WoodwindForum.com sales boards does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between WoodwindForum, its owner, officers, directors, agents, affiliates, contractors, and employees, and you.
RELEASE
In the event of any dispute between you and any other user(s), you release WoodwindForum and its owner, officers, directors, agents, affiliates, contractors, 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. If you are a California resident, you agree to 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."
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,(HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
NO WARRANTY. WE PROVIDE OUR WEB SITE "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. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Indemnity
You agree to indemnify and hold us and (as applicable) our owner, affiliates, officers, directors, agents, contractors, 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.
Miscellaneous
This Agreement shall be governed by the laws of the State of Illinois. We do not guaranty continuous, uninterrupted access to our site. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are descriptive only and do not define, limit, or otherwise affect the scope or extent of each 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.
Modification
We reserve the right to amend this agreement from time to time without notice.
Revocation of posting privileges
WoodwindForum.com is a privately owned, semi-private, conditional use website. Violation of WoodwindForum guidelines or user agreement can result in the revocation of posting privileges on WoodwindForum with or without formal notice. WoodwindForum reserves the right to remove or edit any post with or without notice and to revoke the posting privileges of any person or entity on WoodwindForum either temporarily or permanently. Revocations are within the sole discretion of WoodwindForum.com management and are not subject to appeal or challenge. Revocations apply regardless of user, screen or entity name. Suspended users may not post or otherwise participate on WoodwindForum either directly or indirectly through entities, fictitious names, third parties, or otherwise. Posting for or on behalf of a suspended user is grounds for revocation of posting privileges. Continued participation on WoodwindForum.com by a suspended user may constitute a trespass, a violation of the user's ISP rules, or other civil and/or criminal violation(s), and WoodwindForum.com reserves the right to pursue any and all remedies against such violators, to report the matter to the user's ISP(s), and to refer such matters to local, state, and/or federal authorities, or to international authorities and authorities in the user's home country.
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