The WorthPoint service (the "Service") is run by WorthPoint Corporation ("WorthPoint", “WP”, "we", "us" and "our"). These terms and conditions of use ("Terms of Use") govern how unregistered members and visitors ("Visitors", “you”) to the WorthPoint website may use the Service and the WorthPoint website (the "Website").
By using the Service, you acknowledge that you have read these Terms of Use, understand them and agree to be bound by their terms and conditions. If you do not agree to these Terms of Use you should not use or access the Service or Website.
Prohibited Content. You must not post any items prohibited from the Website (see Prohibited Content list) or which are prohibited by any law applicable to you. You accept sole responsibility for the legality of your actions under laws applying to you.
Marketplace. The Website allows Members and Third Parties to offer items for sale and trade and buy and trade for other Members' and Third Parties’ offered items. WorthPoint does not review listings provided by Members or Third Parties, does not own the items offered for sale on the Website and is not involved in transactions between buyers and sellers unless stated clearly otherwise. WorthPoint has no control over the quality, safety or legality of the items offered for sale or trade, the truth or accuracy of the listings, the ability of sellers to sell or trade items or the ability of buyers to pay or trade for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Website. WorthPoint is not responsible for ensuring that buyers and sellers complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
Marketplace Prohibited Items. You must not offer, sell, bid on, buy or trade for any items prohibited from the Website (see Sales Prohibited Items list) or which are prohibited by any law applicable to you. We do not accept or assume any obligation to protect you from unsafe items listed for sale or trade on the Website.
Buying. You have a legal obligation to complete a transaction if you make an agreement to buy an item, product, or service on agreed upon terms with a Member or Third Party using the Website, unless the transaction is prohibited by law or by these Terms of Use. As a buyer you must ensure that you are legally able purchase items you agree to buy. You are responsible for knowing all applicable laws relating to sale of online goods and services which may be applicable to you.
Trading. You have a legal obligation to complete a transaction if you make an agreement to trade an item, product, or service on agreed upon terms with a Member or Third Party using the Website, unless the transaction is prohibited by law or by these Terms of Use. As a trader you must ensure that you are legally able trade items you agree to trade. You are responsible for knowing all applicable laws relating to the trade of items, products, and services which may be applicable to you.
Disputes. In the event that you have any right, claim or action against any Member or any Third Party arising from the use of the Website or the Service, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Worthpoint (including investors, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
WorthPoint Control. WorthPoint reserves the right to refuse access to the Website or the Service or any part of it at any time, and to suspend or terminate Visitor’s access in its sole and arbitrary discretion. WorthPoint reserves the right to edit or delete any content on the Website and to delete any Content that it considers in its sole and arbitrary judgment to be offensive, illegal or to violate the rights or harm or threaten the safety of any person, or to violate any WorthPoint terms and conditions. However, WorthPoint assumes no responsibility for monitoring the Website for inappropriate Content or conduct and does not endorse, confirm the validity of or have control over the Content. The Content does not necessarily reflect the opinions or policies of WorthPoint and you may find other Members' information to be offensive, harmful, inaccurate or deceptive. While WorthPoint prohibits persons under the age of 14 from using or accessing the Website and requires persons between the age of 14 and 18 to obtain parental consent prior to using or accessing the Website, WorthPoint cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that WorthPoint is not responsible for the acts and omissions of Members or users of the Website.
Changes to the Terms of Use. WorthPoint reserves the right, at its sole and arbitrary discretion, to change, modify, add or delete any part of the Terms of Use at any time without further notice. If we do make any such changes, we will post the changes to these Terms of Use on this webpage. Your continued use of the Website after any such changes constitutes your acceptance to the amended Terms. You are responsible for regularly reviewing these Terms so that you will be aware of any changes.
Disclaimer of Warranties. Worthpoint gives no warranties whatsoever in relation to the Website or any materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Website), products or services available through the Website. Worthpoint excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary or intellectual property rights. Worthpoint expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.
Limitations of Liability. The parties hereto understand and agree that they shall not be liable to each other for any loss that might result from or in connection with: (a) a lost username or password; (b) false information or item description provided by a member; (c) third party action or error; (d) a member's use or inability to use the website or any part of it; (e) any use of the Website; (f) the nature, accuracy or content of material on the website posted by you or other members (g) a loss of any of content; (h) any personal or other information contained within your profile which you have chosen to make public on the website; or (i) any personal or other information which you have disclosed to a Third Party using either the website or a Third Party website which you have accessed from the Website. The parties hereto understand and agree that they shall not be liable to each other for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the website or the service, or any suspension or termination of the website or any contract or arrangement you enter into or contemplate with a member. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you. In no circumstances shall Worthpoint be liable to you for any amount exceeding twenty nine dollars and ninety five cents ($29.95). Nothing in these terms of Use excludes or limits Worthpoint’s liability for death or personal injury or fraud by Worthpoint.
Indemnity. You agree to indemnify WorthPoint, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website, the Service or any breach by you of these Terms of Use.
Entire Agreement / Waiver. These Terms of Use, represent the entire agreement between you and WorthPoint in relation to your use of the Service, and they supersede all prior or contemporaneous communications (whether in writing, oral or electronic) between you and WorthPoint with respect to the Service. Any waiver of any term of these Terms of Use will only be effective if in writing and signed by you and an authorized representative of WorthPoint and no waiver by WorthPoint of any right or remedy under these Terms of Use will prevent WorthPoint from enforcing any of its rights or remedies in any other situation where you breach these Terms of Use.
Nature of Relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and WorthPoint as a result of these Terms of Use or your use of the Website. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.
Dispute Resolution. Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Use, any dispute between you and WorthPoint or you and another Member arising out of or relating to these Terms of Use, including any disputes relating to the content of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in Washington, DC in the United States.
Governing Law. These Terms of Use, including (without limitation) any disputes relating to the content the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Virginia in the United States of America, without reference to its conflicts of laws principles.
Prohibited Items
Prohibited items include, but are not limited to, the following:
Pornographic Material
Offensive Material
Prohibited Content
Prohibited Content includes, but is not limited to, Content that in the sole discretion of WorthPoint:
Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of another person; Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes information that you know is false, misleading, or promotes illegal activities or conduct, is abusive, threatening, obscene, defamatory or libelous;
Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices; providing pirated music or links to pirated music files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); Displays pornographic material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone's privacy; providing or creating computer viruses;
Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without WorthPoint’s prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.;
Involves sending unsolicited and/or unauthorized email to third parties.
