TERMS AND POLICIES
To use WaterBank® , you must agree to the following Terms and Policies. In this Agreement, "We", "Us", "Our" and "You" means any person or other entity applying to register with the WaterBank® as a Buyer or Seller.
1.0
DEFINITIONS
1.1
"Offer" means a document in paper or electronic form that contains Information for a Seller to prepare and submit an offer of property for sale or a buyer to submit an offer to purchase for an intended procurement.
"Information" means all of the information, software and other material provided in connection with
or available through WaterBank®, including the procurement information, Opportunity Notices and Bid Components that Participating Organizations distribute through WaterBank®.
1.2
"WaterBank®" means the electronic commerce owned and operated by WestWater Resources, a common law business trust created under the law of contract and other applicable law of the United States and the State of New Mexico.
1.3
"Opportunity Notice" means a summary in paper or electronic form of the information relating to an intended procurement.
1.4
"Participating Entity" means any legal person of public or private law that has provided Information to WestWater Resources to advertise and distribute.
1.5
"Buyer" means an individual or entity that has offered to purchase one or more items listed on WaterBank® web site.
2.0
OWNERSHIP AND USE OF INFORMATION
2.1
We acknowledge that any of the Information that we receive through WaterBank® is owned either by the Provider of the Information or by WestWater Resources. We agree that we will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist us in evaluating a opportunity or preparing a response to an opportunity. We agree that we will not sell to any third party, or make available for the purpose of resale to any third party, any Information received from WaterBank® without the prior written consent of WestWater Resources.
3.0
CONFIDENTIALITY AND SECURITY
3.1
We acknowledge that WestWater Resources cannot ensure the privacy and authenticity of any information that we send or receive through the Internet, and we agree that WestWater Resources will not be responsible for any damages that we incur if we communicate confidential information to WestWater Resources over the Internet, or if WestWater Resources communicates such information to us at our request.
3.3
We acknowledge that links to other Web sites through WaterBank® do not imply any
endorsement or approval by WestWater Resources nor can we guarantee the security of any links given on the WaterBank® web site.
4.0
USE OF INTERNET
4.1
We acknowledge that if we access WaterBank® through the Internet or other online access
methods, we are responsible for reading and complying with any notices, warnings or
disclaimers posted on the WaterBank® Web site or contained in the attached Internet Notices Page.
5.0
CONSENT - USE OF NAME
5.1
We authorize WestWater Resources to make our name available to other registered users and authorized users of WaterBank® at any time and in any format for the purpose of meeting the requirements of WaterBank®, including the publication of document request lists and the names of successful bidders, but excluding the provision of our name to other third parties for the purpose of mailing lists or any other purpose not related to WaterBank®.
6.0
CHANGES TO AND AGREEMENT
6.1
We acknowledge that, from time to time, and at its discretion, WestWater Resources may amend the features of WaterBank®, including the terms and conditions of this Agreement. Changes to the WaterBank® terms and policies will be available on the WaterBank® Web site and users agree to be responsible for examining the terms and policies with each visit to the WaterBank® web site.
7.0
TERMINATION
7.1
We acknowledge that WestWater Resources may terminate this Agreement with us and suspend our use of WaterBank® at any time and for any reason,
8.0
LIABILITY
8.1
We acknowledge that WestWater Resources assumes no responsibility for the availability, accuracy, completeness or timeliness of any of the Information, or for the fitness of such Information for any
particular purpose.
8.2
We acknowledge that WestWater Resources and its trustees, beneficiaries, officers, directors, employees, agents, and subcontractors will not, under any circumstances, be liable to us for damages, including direct, indirect, special or consequential damages, even if WestWater Resources has been advised of or could have foreseen such damages, arising out of our use of or reliance on WaterBank®, unless caused solely by the gross negligence of WestWater Resources. For greater certainty, such damages shall include, without limitation, damages in respect of loss of profit, loss of business revenue, failure to realize any expected savings, and any claim made against WestWater Resources by a third party. And, we furthermore waive our common law and statutory rights to bring any claim against WestWater Resources, its trustees, beneficiaries, officers, directors, employees, agents, and subcontractors. In the event of any judgement adverse to the trustees, beneficiaries, officers, directors, employees, agents, and subcontractors, the user of WaterBank®
agrees that to look solely to the assets of WestWater Resources and expressly waives any other statutory or common law remedy.
8.3
We agree that we will indemnify and hold harmless WestWater Resources and its trustees, beneficiaries, officers, directors, employees, agents, and subcontractors for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, WestWater Resources arising out of our breach of this Agreement, or our fraud, misrepresentation, negligence or willful misconduct in our performance or non-performance under this Agreement, but our liability in any one year under this Agreement will be limited to the value of the charges incurred by us for WaterBank® in the twelve (12) months preceding WestWater Resources' claim or demand against us.
9.0
LAW AND LAWS OF APPLICATION
9.1
We agree that this Agreement will be governed by the common law and statutory laws of the United States of America and the State of New Mexico.
10.0
ASSIGNMENT
10.1
We agree that WestWater Resources may assign this Agreement, in whole or in part, without our consent, and we may not assign this Agreement in whole or in part.
11.0
PRIOR AGREEMENTS
11.1
We agree that this Seller Agreement supersedes any prior versions of the Seller Agreement
governing WaterBank®.
IMPORTANT NOTICES TO ALL USERS OF THE WATERBANKSM WEB SITE
CONFIDENTIALITY AND SECURITY
WestWater Resources cannot ensure the privacy and authenticity of any information or instructions you send to us or we send to you over the Internet. WestWater Resources, including WaterBank®, will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet, or if we communicate such information to you at your request.
NON-RESPONSIBILITY
WestWater Resources, including WaterBank®, is not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this web site, or the reliance on the information it contains.
AVAILABLE ONLY WHERE PERMITTED BY LAW
The properties described in pages of Web sites of WestWater Resources, including WaterBank®, are only offered in jurisdictions where they may be legally offered.
APPLICABLE AGREEMENTS
All properties and services of WestWater Resources, including WaterBank®, are subject to the terms of the applicable agreements.
USE OF INFORMATION
The information contained on this Web site and pages within is not intended to provide specific legal, accounting, financial or tax advice for any person of public or private law and should not be relied upon in that regard.
ACCURACY AND CHANGES
Facts and information provided by WestWater Resources, including WaterBank®, are believed to be accurate when placed on the Web site. Changes may be made at any time to the information at this Web site without prior notice.
SOFTWARE
While every effort is made to ensure that all software provided at this Web site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software.
HYPERLINKS ARE NOT ENDORSEMENTS
Links to other Web sites or references to products, services or publications other than those of WestWater Resources, including WaterBank®, do not imply the endorsement or approval of such web sites, products, services or publications.
TRADEMARKS BELONGING TO WestWater RESOURCES OR OTHER ENTITIES
Certain names, graphics, logos, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or marks of WestWater Resources or other entities. Trademarks may be registered in the United States and in other countries as applicable. The display of trademarks on pages at this web site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and international copyright and trademark conventions and could subject the copier to legal action.
COPYRIGHT
All Information at this site is protected under the copyright laws of the United States other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Web site. Inquiries about permission should be directed to WaterBank®
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to William M. Turner, WestWater Resources, 610 Gold Avenue, Southwest -Suite 111, Albuquerque, New Mexico, U.S.A. +1-505-843-7643; email wturner@waterbank.com.
All properties listed on this website may be sold or withdrawn without notice even though the property may remain listed as available. Updates to this site occur frequently but WaterBank® will not be held to any liability for failure to remove an unavailable property immediately. We will exercise our best efforts to facilitate and conclude any transaction consistent with sound business practices and applicable contract and real property law.
All offers and all transactions will be carried out in writing pursuant to the requirements of the Statute of Frauds. Conversations will be memorialized by e-mail or other written communication.
