Application of Registration
Transaction on the Site
Transactions between Buyers and Sellers
Limitation of Liability
Intellectual Property Infringement Policy
1. Application of Registration
1.2 Terms has not been defined or stipulated in this Agreement shall be interpreted in accordance with the definition(s) or provision(s) of the Terms and Conditions.
1.3 Except as explicitly stated otherwise, the registration, services, functions and features on the Site is free of charge for our Buyers, however, the Site reserves the right to charge them in the future for whatever reason.
1.4 After your registration, you will get a unique Account ID and Password from the Site. Each Buyer shall take responsibility solely for the transaction outcome occurred under this Account ID and Password, and for the confidentiality of your Account ID and Password. You should use this Account ID and Password alone, and, without prior written consent from Way Below or the Site, you should not transfer your Account ID and Password to others for any use. Way Below or the Site shall never take responsibility for any loss or damages related to your incorrect use or transfer of the Account ID or Password.
1.5 In its sole discretion, the Site may suspend or terminate any account, part of function and service of any account, for whatever reason, including but not limited to, any delay of payment, delivery, breach of contract, infringement of third party rights, or creating any liability for the Site or Way Below.
1.6 Please also note that the services, functions and features from the Site that the Buyer may enjoy may differ with the country or region you are living or transacting, and certain functions and services on the Site may require special verification or be preserved for premium members only.
2. Transaction on the Site
2.1 You must be registered on the Site in order to make transaction on the Site and/or access some Services. Your status as a Buyer and the transaction process are governed by the Agreement and any terms and conditions related thereto. Way Below may reject a Buyer’s application for registration for any reason.
2.2 Each Buyer will be required to provide information or material about yourself or your use of any service or the Site account. Each Buyer represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
2.3 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the product(s) purchased. You realize that any delay in the process of payment/delivery may constitute a contract breach, and you shall be solely responsible for such breach.
2.4 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that The Site and Way Below shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
2.5 Each Buyer understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each Buyer agrees that the Buyer who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Way Below shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
2.6 When required by the government, law enforcement body, or oblige whose legitimate right has been injured, or forced by subpoena or other legal document, Way Below may disclose the User’s identity and contact information. Buyer agrees not to bring any action or claim against Way Below for such disclosure.
3. Transaction between Buyers and Sellers: Due Diligence
3.1 Each Buyer understands and agrees that Way Below is not a traditional seller or mart. Throughout the Site, what Way Below provides is only an online platform or venue for information exchange and transaction between you and sellers. Although Way Below will monitor the regular operation of the Site to fulfill the duty of care, The Site and Way Below does not review and check each posted content and listing to search for the infringement and illegal activity. Be so informed: due to the limitation of current technology, searching for the infringement and illegal activity in our Site is beyond our competence and capability.
3.3 Buyers hereby acknowledges that although Way Below tries its best to provide you with accurate information and listing posted by sellers, and do general verification about the identity of the sellers, there still may be risks of purchasing with people online. Therefore, we encourage you to use relevant tools available, reasonable judgment, as well as common sense, to make the deal online.
3.4 In no event shall Way Below be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from Buyers, as well as any intellectual property infringement by sellers.
3.5 Buyers agree to release and indemnify Way Below and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactions dispute about the products, listing, or information on the Site.
4. Limitation of Liability
4.1 To the maximum extent permitted by law, the Site makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the site; the Site does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and the Site makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.
4.2 Any material downloaded or otherwise obtained through the Site is done at each Buyer’s sole discretion and risk and each Buyer is solely responsible for any damage to the Site’s end device system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Buyer from the Site shall create any warranty not expressly stated herein.
4.3 The Site may make available to Buyer services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Way Below and our affiliates be held liable for any such services or products.
4.4 The Site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to, damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site or relevant services;
- any defect in goods, samples, data, information or services purchased or obtained from a seller or any other third party through the Site;
- violation of Third Party Rights or claims or demands that manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User of the Site;
- any statements or conduct for User of the Site; or
- any matters relating to Services however arising, including negligence.
4.5 Notwithstanding any of the foregoing provisions, the aggregate liability of the Site or Way Below, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to the Site or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Terms and Conditions.
4.6 The limitations and exclusions of liability to you under the Agreement shall apply to the maximum extent permitted by law and shall apply or should have been aware of the possibility of any such losses arising.
5. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Way Below or the Site reserves the right, at sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
All graphics, text, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on this site of Way Below (collectively, “Content”), belongs exclusively to Way Below or its appropriate content suppliers.
You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Way Below, without Way Below ‘s express prior written consent.
The use of data mining, robots, or similar data gathering and extraction tools on the Site as well as the use of Way Below trademarks or service marks in meta-tags is strictly prohibited.
You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose.
The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to Way Below. You may not use Way Below ‘s Content or Compilation in any manner that disparages or discredits Way Below or in any way that is likely to cause confusion or violation of any applicable laws or regulations.
All software (the “Software”) used on this Site is the property of Way Below and/or its Software suppliers.
The Content, the Compilation and the Software are all protected under applicable copyright laws or regulations. All rights not expressly granted are reserved by the Site. Violators will be prosecuted to the full extent of the law.
7. Intellectual Property Infringement Policy
Way Below recognizes and respects intellectual property. This is the policy of Way Below to take appropriate action where necessary to uphold and recognize all relevant laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws.
If you are an intellectual property rights owner and you believe that the Site lists, sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to ________
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the allegedly infringing product(s);
- A description of where the allegedly infringing material is located on the site (product(s) URL);
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
- Identification of the intellectual property rights that you claim are infringed by the Site (e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
The Agreement is effective unless and until terminated by either you or Way Below. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Way Below also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Way Below’s sole discretion you fail to comply with any terms or provision of this Agreement. Upon any termination of the Agreement by either you or Way Below, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Way Below’s right to any contents, shall survive any termination of this Agreement.
9.1 Except as explicitly stated otherwise, all notice or demand to or upon Way Below shall be in writing and delivered to Way Below by mail to the following address: 68 St John Street, Monticello, NY 12701, Attn: LANRIA LLC. Notice shall be deemed effective when received by Way Below in any of the above-mentioned manner.
9.2 All notices or demands to or upon a Buyer shall be effective if delivered personally, by e-mail to the e-mail address provided to Way Below during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a Buyer shall be deemed to be received by such Buyer if and when: (a) Way Below is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Buyer, or (b) immediately upon Way Below posting such notice on an area of the Site that is publicly accessible without charge.
9.3 You agree that all agreements, notices, demands, disclosures and other communications that Way Below sends to you electronically satisfy the legal requirement that such communication should be in writing.
10.1 Way Below reserves the right to update or modify this Agreement at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changes are made.
10.2 Headings used in the Agreement are for reference purposes only and in no way define or limit the scope of the section.
10.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
10.4 The failure of Way Below to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Way Below’s rights with respect to such breach or any subsequent breaches.
10.5 Any disputes arising from the performance of this Agreement shall be resolved by the parties through negotiation. If such negotiation fails, the disputes should be submitted to International Economic and Trade Arbitration Commission for arbitration and shall be governed by the laws of New York.