Terms & Conditions
WhyAbe.com User Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH WHYABE OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to WhyAbe! If you have any questions, please refer to our Help section, Services section or contact our webmaster.
WhyAbe provides its service to you, subject to the following Terms, which may be updated by us from time to time without notice to you and it is your responsibility to review this Agreement. This Agreement is effective upon your acceptance of these Terms during the registration process.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement and these Terms. You understand and agree that the Service is provided "AS-IS" and that WhyAbe assumes no responsibility for the timeliness, deletion, modification, mis-delivery or failure to store any communications or personalization settings. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES PROVIDE OUR WEB SITE WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS and EMPLOYEES 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.
You agree to indemnify and hold WhyAbe, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, Feedback lefty by you or about you or your violation of any rights of another. Because we are a collaboration tool, in the event that you have a dispute with one or more users, buyers or suppliers, or the web site itself, you agree to release WhyAbe and its subsidiaries, affiliates, officers, agents, co-branders or other partners, 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 and/or the use of this site. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND 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, OR (B) $100.
ANY TRANSACTION CONDUCTED ON THIS SITE IS AT YOUR OWN RISK. WHYABE ASSUMES NO RESPONSIBILITY FOR AND IS NOT INVOLVED IN THE EXECUTION OF ANY TRANSACTIONS.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
WhyAbe.com, WhyAbe and other marks indicated on our site are registered trademarks of WhyAbe and/or its affiliates. WhyAbe and Source One trademarks may not be used in connection with any product or service that is not WhyAbe in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WhyAbe.com. All other trademarks not owned by WhyAbe.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WhyAbe.com or its affiliates.
WhyAbe.com, WhyAbe, and all services on the web site are copyrighted by WhyAbe and/or their respective owners. You may not in any way translate, reverse engineer, decompile, replicate, or disassemble the software, database(s), interfaces or web site for any purpose, without express written permission from WhyAbe. You agree not to use your membership as a means to develop a competitive product to WhyAbe.
In consideration of your use of this Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) 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 WhyAbe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WhyAbe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Further, your WhyAbe account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
WhyAbe will not provide any support or maintenance services to users that have not agreed to a support plan and have paid the support fees. We may change our Fee 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 seven (7) days' notice of the changes by posting the changes on the Site. 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 the Site and all applicable taxes.
WhyAbe is an On-line Collaboration Tool
WhyAbe acts as an online collaboration tool to allow anyone to obtain pricing and other information about anything, at anytime, from anywhere, in a variety of formats, including quotes, request for proposals, request for information and "reverse auctions." 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 transacted; the accuracy of the information or specifications provided; the ability of users or buyers to buy items, the ability of users or suppliers to deliver items promised or the ability of buyers to pay for items. We cannot ensure that a user, buyer or seller will actually complete a transaction or that the transaction will be completed in a satisfactory manner. We encourage you to communicate directly with potential trading partners through the tools available on the Site or by other commercially available means that you might normally use in conducting transactions. IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE SUPPLIER OR BUYER THAT YOU CHOOSE TO DO BUSINESS WITH.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WhyAbe, are entirely responsible for all Content that you upload, post, list, email, transmit or otherwise make available via this tool. You understand that by using this tool, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WhyAbe be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, listed or otherwise made available via the Service.
Information is defined as any data or content you provide to us or other users in the registration, quoting or project listing process, in any public message area (including the forum or the feedback area) or through any email feature. You are solely responsible for any Information entered or posted by you, and we act as a passive conduit for your online distribution and publication of that Information. WhyAbe does not control the content posted and, as such, does not guarantee the accuracy, integrity or quality of such content. Furthermore, you may not list any information on the Site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark or intellectual property rights.
You acknowledge that WhyAbe may or may not pre-screen Content, but that WhyAbe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, WhyAbe and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WhyAbe, including without limitation information in WhyAbe Message Boards, and in all other parts of the Service.
You agree that, notwithstanding any copyright or other intellectual property rights that you may have in posted Information, WhyAbe has the right to post the Information for the limited purpose of providing to you the on-line collaboration services described above. You agree that WhyAbe's posting of such information for the stated purposes shall not be construed as an infringement of your intelletual property rights. By accepting these Terms, you acknowledge and agree that infringement of copyright and other intellectual property rights is strictly prohibited.
WhyAbe uses commercially available backup systems. We can not guarantee that data posted to WhyAbe will be available when you need it. There may be times that data will be lost or destroyed. WhyAbe does not take any responsibility for loss of data. We recommend that you back up all data that you post to the site.
Use of WhyAbe
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to WhyAbe by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Information posted by you) from the Site without the prior expressed written permission of WhyAbe and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass other measures we may use to prevent or restrict access to the Site.
You acknowledge, consent and agree that WhyAbe may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or posted safety of WhyAbe, its users and the public.
You understand that this Tool and software embodied within the Tool may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WhyAbe and/or content providers who provide content to the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on WhyAbe, in whole or in part, is strictly prohibited.
You may not take any actions that may undermine the integrity of the feedback system. You may not purposefully misrepresent feedback of another user. You acknowledge that your feedback consists of comments left by other users and that WhyAbe takes no responsibility to monitor or review the feedback. Feedback ratings are designed to facilitate collaboration and sourcing between WhyAbe users.
You agree that WhyAbe may without prior notice, immediately terminate your WhyAbe account, and/or remove any data associated the account. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your WhyAbe account includes (a) removal of access to all offerings within the Service, including but not limited to WhyAbe Domains, and, Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) restriction of your I.P. Address or Domain, and (d) barring further use of the Service. Further, you agree that all terminations shall be made in WhyAbe's sole discretion and that WhyAbe shall not be liable to you or any third-party for any termination of your account, loss of business, loss of data or denied access to the Service.
You and WhyAbe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms constitute the entire agreement between you and WhyAbe and govern your use of this tool, superseding any prior agreements between you and WhyAbe with respect to this tool. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WhyAbe services, affiliate services, third-party content, or third-party software.
These Terms and the relationship between you and WhyAbe shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and WhyAbe agree to submit to the exclusive jurisdiction of the courts located within Montgomery County, Pennsylvania.
The failure of WhyAbe to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this tool or these Terms must be filed within one (1) year after such claim or cause of action occur or to be forever barred from bringing such claim or cause of action.
Alternatively, WhyAbe will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Montgomery County, Pennsylvania or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to these Terms, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. All fees and any other monies due to WhyAbe shall remain due and payable and shall survive any termination of this agreement.
The services hereunder are offered by WhyAbe, located at 724 Fitzwatertown Road, Willow Grove, PA 19090.