Terms and Conditions of Use
Last Updated: 30 April 2012
Welcome to the WOOT Websites! Woot Services LLC (“Woot”) provides services to you subject to the following notices, terms, and conditions (“Terms”) PLEASE READ THESE TERMS CAREFULLY. THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN WOOT AND YOU ("you”). IF YOU VISIT, USE, OR SHOP AT THE WEBSITES OPERATED BY WOOT (including woot.com, wine.woot.com, shirt.woot.com, sellout.woot.com, kids.woot.com, deals.woot.com, home.woot.com, local.woot.com, and any future site operated by WOOT, herein referred to collectively as the "Sites"), YOU ACCEPT THESE TERMS. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE WOOT SERVICE OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH WOOT, WHETHER OR NOT INCLUDED IN THE SITES, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR BUSINESS. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.
MINIMUM AGE REQUIREMENT
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
You may contact WOOT Member Services by sending an email to email@example.com. You acknowledge that the provision of customer support is at WOOT’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We are not infallible, and therefore we do not warrant that product specifications, pricing, or other content on the Sites is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, WOOT shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
SELLER; RISK OF LOSS
Woot, Inc. is the seller for all items on the following Sites: woot.com, shirt.woot.com, sellout.woot.com, home.woot.com, and kids.woot.com. The wineries are the sellers of record for all wine sold on wine.woot.com. All items purchased from any Woot site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
You agree to electronic communication for all of your transactions and communication with WOOT and the Sites. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, WOOT will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize WOOT to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if WOOT decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by WOOT to the address that you have most recently provided will constitute effective notice. WOOT’s address for Legal Notices is:
4121 International Parkway
Carrollton, TX 75007
WOOT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WOOT’s copyright agent with the written information specified below.
MODIFICATIONS TO TERMS AND SITES
POSTING CONTENT ON THE SITES; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on the Sites, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to WOOT the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to WOOT described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You hereby grant to WOOT a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to WOOT.
You agree not to post to the Sites any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites or extract data or gather or use information, such as email addresses, available from the Sites or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by WOOT; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Sites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Sites or any recipient.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WOOT DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of WOOT. WOOT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized WOOT employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Sites are protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of WOOT or its content suppliers. All software used on the Sites is the property of WOOT or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your Account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites. WOOT may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on the Sites.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against WOOT and agree to hold WOOT harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Sites.
DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM WOOT, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY WOOT ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOOT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. WOOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOOT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER WOOT, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF WOOT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
a. WOOT’s Really Simple Syndication (RSS) service is a XML-based method through which WOOT makes information from the WOOT web site available ("RSS Content"). Your use of the RSS Service and RSS Content is subject to these Terms.
b. Use of RSS Feeds. The RSS service is provided free of charge solely for personal, non-commercial use. You must use the RSS Content as provided by WOOT, and you may not edit or modify the text, content or links provided by WOOT. Any other uses are strictly prohibited, including without limitation, (a) incorporating, targeting or associating any advertising or promotion with the RSS Content, (b) extracting, storing (other than temporary caching), or otherwise reusing any content or information contained within the RSS Content, or (c) further transmitting, distributing, sublicensing or syndicating the RSS Content to any third party.
c. Links to Content Pages. With respect to displaying RSS Content, you may only display the RSS Content on a personal website, blog or similar non-commercial website or application (such as a RSS reader) from which a functional link is made available that, when accessed, takes the viewer directly to the applicable content page or other location on the WOOT site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable WOOT web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable WOOT web page.
d. Ownership/Attribution. WOOT and its licensors reserve all rights in and to the RSS Content, and any WOOT logos and trademarks used in connection with the service. You must provide attribution to WOOT when you use the RSS service. Unless we provide you an approved graphic as part of the RSS Content, attribution to "WOOT Services, LLC." should be made in text form.
e. Right to Discontinue Fees; Disclaimer. WOOT reserves the right to cease offering the RSS service at any time or to require you to cease using or displaying the RSS Content at any time for any reason. We provide the RSS service and all RSS Content "as is" without any warranty of any kind. We shall have no liability for your use of the service or any RSS Content.
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
c. Disputes; Choice of Law; Export Limitations. The Sites are controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Sites in violation of U.S. export laws and regulations or the Terms. By visiting the Sites, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Sites will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. Any dispute or claim relating in any way to your visit to the Sites or to products or services sold or distributed by WOOT or through the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, WOOT will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. No Waiver. The failure of WOOT to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or WOOT's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WOOT’s copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WOOT’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
4121 International Parkway
Carrollton, TX 75007
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
WOOT WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY WOOT TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE WOOT PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY WOOT, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO WOOT COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The trademark “WOOT” and all other trademarks used in the Sites are owned or used under license by WOOT and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Sites or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © WOOT, INC. U.S.A. All rights reserved.
All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.