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Terms of Use

Terms Of Use BETWEEN USER AND WBS Inc. (d/b/a WB Supply Inc.) or its affiliated companies

WBS Inc. (d/b/a WB Supply Inc.). and affiliated companies Web Sites' (collectively, the "Web Sites") are comprised of various Web pages operated by WBS Inc. (d/b/a WB Supply Inc.)

The Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Sites constitutes your agreement to all such terms, conditions, and notices.  If you do not agree to any portion of these Terms of Use, you should not access or otherwise use the Web Sites.  "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Sites. 

MODIFICATION OF THESE TERMS OF USE

WB Supply Inc. reserves the right to change the terms, conditions, and notices under which the Web Sites are offered, including but not limited to the charges associated with the use of the Web Sites.

CONVENIENCE AND INFORMATION ONLY 

The Web Sites are provided to you without charge as a convenience and for your information only.  By merely providing access to the Web Sites, WB Supply Inc. does not warrant or represent that:  (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) WB Supply Inc. has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Sites will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Sites is accurate or complete. 

SITE USE AND CONTENT

You may view, copy or print pages from the Web Sites solely for personal, non-commercial purposes.  You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Sites without the express, prior, written consent of WB Supply Inc..  At any time, we may, without further notice, make changes to the Web Sites, to these Terms of Use and/or to the services described in these Terms of Use.  We will make an effort to update this web page with any changes to these Terms of Use and/or to the services described in these Terms of Use. 

USER ACCOUNT, PASSWORD AND SECURITY 

(a)        USER ACCOUNT.  For certain types of features available through the Web Sites, we may require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account.  We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer ("SSL") connection.  Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Sites.  You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.  You agree to (i) immediately notify WB Supply Inc. of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session.  While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error. 

(b)       ACCURATE INFORMATION.  In creating and using your User Account on the Web Sites, you agree to:  (i) provide true, accurate, current and complete information about yourself on any registration form required on the Web Sites (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if WB Supply Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account. 

LINKS TO THIRD PARTY SITES

The Web Sites may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of WB Supply Inc., and WB Supply Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WB Supply Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. WB Supply Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WB Supply Inc. of the Linked Site or any association with its operators. 

If a third party links to any of the Web Sites, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with WB Supply Inc..  In most cases, WB Supply Inc. is not even aware that a third party has linked to one of the Web Sites.  A third party web site that links to any of the Web Sites:  (i) may link to, but not replicate, WB Supply Inc.'s Content; (ii) may not create a browser, border environment or frame WB Supply Inc.'s Content; (iii) may not imply that WB Supply Inc. is endorsing it or its products or services; (iv) may not misrepresent its relationship with WB Supply Inc.; (v) may not present false or misleading information about WB Supply Inc.'s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups. 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Sites, you warrant to WB Supply Inc. that you will not use any of the Web Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use any of the Web Sites in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Sites.

USE OF COMMUNICATION SERVICES

The Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

 

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

 

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

 

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

 

Conduct or forward surveys, contests, pyramid schemes or chain letters.

 

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

 

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 

Restrict or inhibit any other user from using and enjoying the Communication Services.

 

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

 

Violate any applicable laws or regulations.

 

WB Supply Inc. has no obligation to monitor the Communication Services. However, WB Supply Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WB Supply Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

WB Supply Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WB Supply Inc.'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WB Supply Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, WB Supply Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WB Supply Inc. spokespersons, and their views do not necessarily reflect those of WB Supply Inc..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. 

MATERIALS PROVIDED TO WB SUPPLY INC. OR POSTED AT ANY WB SUPPLY INC. OR AFFILIATED COMPANY WEB SITE

WB Supply Inc. does not claim ownership of the materials you provide to WB Supply Inc. (including feedback and suggestions) or post, upload, input or submit to any WB Supply Inc. or affiliated company Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting WB Supply Inc., its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name and/or image in connection with your Submission. 

Subject to the WB Supply Inc. Privacy Statement, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions.   You also grant to WB Supply Inc. and its affiliated companies the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, "Rights") that may exist in such Submissions.  You also warrant to WB Supply Inc. and its affiliated companies that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above.  You further acknowledge that WB Supply Inc. and its affiliated companies will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise. 

No compensation will be paid with respect to the use of your Submission, as provided herein. WB Supply Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WB Supply Inc.'s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit that Submission. 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WB Supply Inc. AND AFFILIATED COMPANIES WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WB SUPPLY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITES AT ANY TIME. ADVICE RECEIVED VIA ANY OF THE WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WB Supply Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS CONTAINED ON ANY OF THE WEB SITEs FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WB Supply Inc., including its affiliated companies  AND/OR SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WB Supply Inc. PROVIDES THE WEB SITES ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE WEB SITES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH ANY OF THE WEB SITES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEB SITES OR THE SERVERS USED IN CONNECTION WITH THE WEB SITES ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.  WB Supply Inc. DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE ANY OF THE WEB SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WB Supply Inc. WILL HAVE ADEQUATE CAPACITY FOR THE WEB SITES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WB Supply Inc., including its affiliated companies  AND/OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY OF THE WEB SITES, WITH THE DELAY OR INABILITY TO USE ANY OF THE WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF ANY OF THE WEB SITES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WB Supply Inc., its affIliated companies  AND/OR SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITES.

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless WB Supply Inc. and its directors, officers, employees, agents and affiliated companies from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by WB Supply Inc., directly or indirectly, with respect to or arising out of:  (a) your failure to comply with these Terms of Use; (b) your breach of your obligations under these Terms of Use; and/or (c) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties. 

TERMINATION/ACCESS RESTRICTION

WB Supply Inc., and its affiliated companies, reserves the right, in its sole discretion, to terminate your access to the Web Sites and any related services or any portion thereof at any time, without notice.

PRIVACY 

Personal data that you provide regarding yourself will be handled in accordance with WB Supply Inc.'s Privacy Statement .  Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information.  If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through any of the Web Sites, then we will block that user from accessing these areas of the Web Sites.

AVAILABILITY 

Information that WB Supply Inc. publishes on the Web Sites may contain references or cross-references to products, programs or services of WB Supply Inc., its affiliated companies or suppliers, that are not necessarily announced or available in your area.  Such references do not mean that WB Supply Inc., or any of its affiliated companies or suppliers, will announce any of those products, programs or services in your area at any time in the future.  You should contact WB Supply Inc. for information regarding the products, programs and services that may be available to you, if any.

NON-TRANSFERABILITY OF USER ACCOUNT 

User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Sites with his or her UserID and password. 

GOVERNING LAW 

These Terms of Use will be governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws.  By using or accessing any of the Web Sites, you agree that any action at law or in equity arising out of or relating to your use of the Web Sites or these Terms of Use will be filed only in the state or federal courts in the State of Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

LOCAL LAWS 

WB Supply Inc. makes no representation that content or materials on any or all of the Web Sites are appropriate or available for use in jurisdictions outside the United States.  Access to the Web Sites from jurisdictions where such access is illegal is prohibited.  If you choose to access any of the Web Sites from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws.  WB Supply Inc. is not responsible for any violation of law.  You may not use or export the Content or materials on the Web Sites in violation of U.S. export laws and regulations.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

GENERAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the courts sitting in Texas, U.S.A., in all disputes arising out of or relating to the use of the Web Sites.  No use of any of the Web Sites is authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WB Supply Inc. or its affiliated companies as a result of these Terms of Use or your use of (or inability to use) the Web Site.  WB Supply Inc.'s and its affiliated companies performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of WB Supply Inc.'s, or its affiliated companies, right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Sites or information provided to or gathered by WB Supply Inc. and its affiliated companies with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and WB Supply Inc., or its affiliated company, with respect to the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WB Supply Inc. or its affiliated companies with respect to the Web Sites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

COPYRIGHTS AND TRADEMARKS

The trademarks, service marks and logos used and displayed on the Web Sites are WB Supply Inc.'s, or its affiliated companies or suppliers', registered and unregistered trademarks.  WB Supply Inc., its affiliated companies or suppliers, is the copyright owner or authorized licensee of all text and all graphics contained on the Web Sites.  All trademarks and service marks of WB Supply Inc., or its subsidiaries or affiliates, that may be referred to on the Web Sites are the property of WB Supply Inc., or one of its affiliated companies or suppliers.  Other parties' trademarks and service marks that may be referred to on the Web Sites are the property of their respective owners.  Nothing on the Web Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of WB Supply Inc.'s, or its affiliated companies or suppliers', trademarks, service marks or copyrights without WB Supply Inc.'s prior written permission.  WB Supply Inc. aggressively enforces its intellectual property rights.  Neither the name of WB Supply Inc., its affiliated companies or suppliers, nor any of WB Supply Inc. other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Sites or otherwise, without WB Supply Inc.'s prior written permission, except that a third party web site that desires to link to the Web Sites and that complies with the requirements of Paragraph 7(b) above may use the name "Basin Holdings" or "WB Supply Inc." in or as part of that link. 

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

All contents of the Web Sites are: Copyright © WB Supply Inc. and/or its affiliates and/or suppliers. All Rights Reserved. 

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy not to permit materials known by us to be infringing to remain on the Web Sites.  If you believe that any content on the Web Sites infringes your copyright, please contact WB Supply Inc.'s copyright agent, who can be reached as follows: 

WB SUPPLY INC.
405 Lexington Avenue
The Chrysler Building, 71st Floor
New York, NY 10174

Please be sure to include the following information:  (a) a description of the copyrighted work that you allege is being infringed upon (and registration information if such work is registered with the Copyright Office), (b) the location of the allegedly infringing material on the Web Sites, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury) that: (i) you are the copyright owner or are authorized to act on the copyright owner's behalf, (ii) you believe in good faith that the rights of the copyright owner are being infringed, and (iii) that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).

ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL RECEIVE NO RESPONSE. 

Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), WB Supply Inc. will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. 

CUSTOMER COMMENTS 

We welcome the submission of comments, information or feedback about the Web Sites.  By submitting information, you agree that the information submitted will be subject to the WB Supply Inc. Privacy Statement 

Please send comments in writing to:

WB SUPPLY INC.
405 Lexington Avenue
The Chrysler Building, 71st Floor

New York, NY 10174