This page states the Terms and Conditions under which you may use wbmason.com,
whobut.wbmason.com, b2b.wbmason.com or its related subdomains (the “Web Site”).
Please read this page carefully. If you do not accept these Terms and
Conditions, do not use the Web Site. By using the Web Site, you are indicating
your agreement to be bound by these Terms and Conditions. W.B. Mason may revise
these Terms and Conditions at any time by posting an update to this page. You
should visit this page periodically, because your continued use of the Web Site
following the posting of changes to these Terms and Conditions will mean you
accept those changes. The terms “you” and “user” as used herein refer to all
individuals and/or entities accessing the Web Site for any reason.
The contents of the Web Site, including, but not limited to, text, graphics,
sounds, images and other material (the “Material”), are owned by W.B. Mason and
its licensors and vendors, and are protected by United States and foreign
intellectual property laws. Unauthorized use of the Material may violate
copyright, trademark and other laws.
W.B. Mason authorizes you to view and download a single copy of the Material on
the Web Site solely for your personal, non-commercial use, provided you retain
all copyright and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment for any
purpose is prohibited. You may not use any ‘robot,’ ‘spider’ or other automatic
querying device, or a program, algorithm or methodology having similar
processes or functionality, to monitor or copy any of the Material found on the
Web Site, without the prior written permission of W.B. Mason.
You may not copy or adapt the HTML or other code that W.B. Mason uses to
generate its pages. This code is also protected by W.B. Mason’s copyright and
other intellectual property rights.
Use of software, if any, provided to you on the Web Site is subject to the
software license terms accompanying such software.
General Rules: You may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable law or
regulation, (b) in a manner that will infringe the copyright, trademark, trade
secret or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Security Rules: You are prohibited from violating or attempting to
violate the security of the Web Site or from using the Web Site to violate the
security of other web sites by any method, including, without limitation, (a)
accessing data not intended for you or logging into a server or account which
you are not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measurers without proper authorization, (c) attempting to interfere with
service to any user of the Web Site, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
“flooding”, “spamming”, “mailbombing” or “crashing” the Web Site, (d) sending
unsolicited e-mail, including promotions and/or advertising of products or
services, or (e) forging any packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. W.B. Mason may investigate
violations of these Terms and Conditions and may involve and cooperate with law
enforcement authorities in prosecuting users of the Web Site who are involved
in such violations.
Specific Prohibited Uses: W.B. Mason specifically prohibits any use of
the Web Site, and you agree not to use the Web Site, for any of the following:
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distributing or otherwise publishing, without W.B. Mason’s approval, any
material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services;
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soliciting other users of the Web Site to join or become members of any online
service; or
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deleting or revising any material posted by any other person or entity.
It is W.B. Mason’s policy to respond to clear allegations of copyright
infringement that comply with the requirements of the notice and takedown
procedures Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe
any content present on the Web Site infringes your copyright, provide the
following information to W.B. Mason’s designated agent, listed below:
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a clear statement, identifying in sufficient detail the copyrighted work
allegedly being infringed;
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information sufficient to enable W.B. Mason to locate the allegedly infringing
content on the Web Site;
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information sufficient to enable W.B. Mason to contact you; AND
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a clear statement from you under penalty of perjury that you are authorized to
act on behalf of the copyright owner, AND that you have a good faith belief
that the use of the copyrighted work by the allegedly infringing content on the
Web Site is not authorized.
W.B. Mason’s designated agent for DMCA claims is:
Chief Information Officer
W.B. Mason
59 Centre Street
Brockton, Massachusetts 02303
If you would like to link to the Web Site, you must comply with the following.
A web site that links to the Web Site:
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may link to, but not copy, the Materials;
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should not frame or create a browser or border environment around the
Materials;
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should not imply that W.B. Mason is endorsing your web site or your products;
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should not misrepresent your relationship with W.B. Mason;
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should not present false information about W.B. Mason products or services;
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should not use W.B. Mason trademarks or logos without permission from W.B.
Mason; and
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should not contain content that could be construed as distasteful or offensive.
When you register for the Web Site, you will be asked to provide W.B. Mason
with certain information including, without limitation, a valid email address
(your “Information”). Please see W.B. Mason’s
Privacy Policy for further details regarding W.B.
Mason’s use of your Information.
As a user of the Web Site, you are responsible for your own communications and
are responsible for the consequences of their posting. You agree not to:
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post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it;
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post material that reveals trade secrets, unless you own them or have the
permission of the owner;
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post material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others;
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post material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity;
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post a sexually-explicit image or statement;
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post advertisements or solicitations of business without W.B. Mason’s approval;
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post chain letters or pyramid schemes; or
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impersonate another person.
W.B. Mason does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other users
will be at your own risk.
W.B. Mason has no obligation to screen communications in advance and is not
responsible for screening or monitoring material posted by users. If notified
of communications that allegedly do not conform to these Terms and Conditions,
W.B. Mason may investigate that allegation and determine in good faith and its
sole discretion whether to remove or request the removal of the communication.
W.B. Mason has no liability or responsibility to users for performance or
non-performance of such activities. W.B. Mason reserves the right (i) to expel
users and prevent their further access to the Web Site for violating these
Terms and Conditions or the law, and (ii) to remove communications that are
abusive, illegal, disruptive or which otherwise do not conform to the
provisions of these Terms and Conditions.
By submitting content to the Web Site, including message boards, forum,
contests and chat rooms, you grant W.B. Mason and its affiliates the
royalty-free, perpetual, irrevocable, non-exclusive right and license
(including a waiver of any moral rights) to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may exist in
such content. You also warrant that the holder of any rights, including moral
rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license
stated above. You also permit any user of the Web Site to access, display,
view, store and reproduce such content for personal use. Subject to the
foregoing, the owner of such content placed on the Web Site retains any and all
rights that may exist in such content.
You are responsible for maintaining the confidentiality of your user ID and
password. You are responsible for all uses of your user ID, whether or not
authorized by you. You agree to immediately notify W.B. Mason of any
unauthorized use of your user ID or password.
The Material may contain inaccuracies or typographical errors. W.B. Mason makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Material. The use of the Web Site and the Material is at
your own risk. We reserve the right, at our discretion, to modify, add, or
remove portions of the Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any material placed by you on the Web Site.
W.B. MASON DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, W.B. MASON IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. W.B. MASON, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. W.B.
MASON MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
IN NO EVENT WILL W.B. MASON, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT W.B.
MASON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web Site contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by W.B. Mason of the
contents on such third-party web sites. W.B. Mason is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party sites. If
you decide to access linked third-party sites, you do so at your own risk.
W.B. Mason cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from W.B.
Mason, because these sites are owned and operated by independent retailers.
W.B. Mason does not endorse any of the merchandise, nor has W.B. Mason taken
any steps to confirm the accuracy or reliability of any of the information
contained in such third-party sites. W.B. Mason does not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with
any online or off-line transaction with any of these third parties.
The aggregate liability of W.B. Mason to you for all claims arising from the
use of the Website and the Materials is limited to $100.
W.B. Mason reserves the right, at its sole discretion, to immediately terminate
your registration with, or ability to access, the Web Site and/or any other
service provided to you by W.B. Mason, upon any breach by you of these Terms
and Conditions.
You agree to defend, indemnify, and hold harmless W.B. Mason, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or your breach of the terms
of these Terms and Conditions. W.B. Mason will provide notice to you promptly
of any such claim, suit, or proceeding and will assist you, at your expense, in
defending any such claim, suit or proceeding.
W.B. Mason makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not be
legal by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. These Terms and
Conditions are governed by the internal substantive laws of the Commonwealth of
Massachusetts, without respect to its conflict of laws principles. Jurisdiction
of any claims arising under these Terms and Conditions will lie exclusively
with the state or federal courts within Boston, Massachusetts. You agree that
you may not institute any action in any form arising out of use of the Web
Site, the Materials or these Terms and Conditions more than eighteen (18)
months after the cause of action has arisen. If any provision of these Terms
and Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision will not affect the validity of
the remaining provisions of these Terms and Conditions, which will remain in
full force and effect. No waiver of any provision of these Terms and Conditions
will be deemed a further or continuing waiver of such provision or any other
provision. Except as expressly provided in an end user software license, in
W.B. Mason’s Store Policy, or other statement by W.B. Mason on the Web Site,
these Terms and Conditions constitute the entire agreement between you and W.B.
Mason with respect to the use of Web Site. No changes to these Terms and
Conditions may be made except by a revised posting on this page.
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