WheelbyNet.com - Terms of Participation.

	Sunday Aug-10-2003

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Terms & Conditions of Participation

As a condition of your participation in any WheelbyNet.com service, you (hereinafter You or Your or User) must read, understand, and accept the Terms & Conditions of Participation set forth by the WheelbyNet.com website. WheelbyNet.com may modify this Agreement at any time. You agree and continue to agree to use the WheelbyNet.com service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below (collectively, the "Terms of Service").

By using the services and features (hereinafter the Service) provided at, in or through WheelbyNet.com, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, WheelbyNet.com may terminate your right to access the Service.

WheelbyNet.com encourages you to exercise discretion while using the Service. WheelbyNet.com does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from the Service, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.

The Service is approved by WheelbyNet.com on an "As Is" basis, and WheelbyNet.com expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any Materials and Products. In no event shall WheelbyNet.com be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever resulting from the use of the Service. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WheelbyNet.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to indemnify and hold WheelbyNet.com, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold WheelbyNet.com harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to User's violation of this Agreement, including the Terms of Service or any Content placed on the Service by you.

WheelbyNet.com may discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, (iv) changing the prices of any parts of the Service and (v) restricting or terminating any User's right to use the Service, at WheelbyNet.com's sole discretion and without prior notice or liability.

You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service.

User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Service.

You agree not to resell or assign Your rights or obligations under these Terms of Service. You also agree not to make any unauthorized commercial use of the Service.

You acknowledge that the Service contains information, software, s, graphics, sounds or other media (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and WheelbyNet.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. WheelbyNet.com, WheelbyNet.com .com, and the WheelbyNet.com logo are servicemarks of WheelbyNet.com. All other trademarks appearing on the Service are trademarks of their respective owners.

You will not engage in any conduct that in the discretion of WheelbyNet.com restricts or inhibits any other person from using or enjoying the Service. You agree to use the Service only for lawful purposes. You certify that you are at least eighteen (18) years of age or have specific permission from a parent or legal guardian to use the Service. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

All real estate advertising herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." Your state or local jurisdiction may impose additional requirements.

WheelbyNet.com prohibits the listing of the following goods on the WheelbyNet.com website, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:

Stolen, dangerous or counterfeit goods
Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
Alcoholic beverages (unless reselling an alcoholic beverage purchased from a retailer and still in its original container and if it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
Cigarettes or any other tobacco product for human consumption
Pharmaceuticals or any other controlled substance
Any illegal or unlawful products or services

WheelbyNet.com may elect to electronically monitor any and all parts of the WheelbyNet.com website for adherence to the Terms of Service and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorized governmental request, (ii) if such disclosure is necessary to operate the WheelbyNet.com Service, or (iii) to protect the rights or property of WheelbyNet.com or its partners.

WheelbyNet.com reserves the right to prohibit conduct, communication or Content which it deems in its discretion to be harmful to individual users or other third-party rights, or to violate any applicable law.

This Agreement constitutes the entire agreement between WheelbyNet.com and User with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between WheelbyNet.com representatives and you.