WildWestPerformers, Inc. (hereinafter "WildWestPerformers," "WildWestPerformers.com" or "WildWestPerformers Online Auction") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.WildWestPerformers.com/auction/terms.htm YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING WildWestPerformers'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
 

1. Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to WildWestPerformers that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information.
   
    
2. Fees and Payment Terms. Any fee schedule and payment terms in effect on the date of listing the item shall govern the transaction. Our fee schedule is available at http://www.WildWestPerformers.com/auction/terms.htm and is incorporated by reference. All fees are quoted in U.S. Dollars. Please note that we may change the fees for our services from time to time. Please check the fees and terms each time you participate. Each time you list an item you will have an opportunity to review and accept the fees that will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service will become effective upon the launch of the service.
   
    
3. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in auctions and other transactions contained in the Help Pages, which are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the Help Pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by WildWestPerformers in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help Pages to understand the current procedures and guidelines for participating and to be sure that the goods you offer for sale or want to buy can be auctioned, sold or purchased on the Site.
   
    
4. WildWestPerformers's Role and Responsibilities
   WildWestPerformers.com features several types of auctions, and WildWestPerformers's role and responsibilities vary in each such auction-type.
   
    
   • Consumer Exchange Auctions. The Site operates solely as a venue for Consumer Exchange Auction sellers and buyers to negotiate and complete transactions. WildWestPerformers.com is not involved in the actual transaction between sellers and buyers and is not the agent of and has no authority for either for any purpose. As a seller, you may "list" any item on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in the Help Pages. In particular, you may not list any item, link or post any related materials, or purchase any item that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, trade secrets), or other proprietary rights (including rights of publicity or privacy); or (b) is counterfeited, illegal, stolen, or fraudulent. IT IS THE SELLER'S RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEM FOR SALE OR AUCTION. WildWestPerformers CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY WildWestPerformers CONSUMER EXCHANGE LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE, (2) THE ITEM(S) LISTED ARE SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR (3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN THE WildWestPerformers CONSUMER EXCHANGE. BUYERS AND SELLERS USE THE SERVICES IN THE WildWestPerformers CONSUMER EXCHANGE AT THEIR OWN RISK.
     
      
5. WildWestPerformers.com Payments
   • WildWestPerformers currently accepts credit card/debit card payments and Open Account payments (for corporations only) for orders in WildWestPerformers Direct Auctions and WildWestPerformers Direct Seller Auctions. WildWestPerformers honors Visa, MasterCard, Discover and American Express.
     
      
   • You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, WildWestPerformers may in it sole and absolute discretion cancel your bid. In such case, WildWestPerformers may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At WildWestPerformers.com's sole discretion, but without any obligation, alternate payment methods may be arranged with the auction winner(s) in the case where a payment method has been declined.
     
      
   • Buyers must pay sellers in Consumer Exchange Auctions through methods designated by applicable sellers.
     
     
      
6. WildWestPerformers.com Reservation of Rights. WildWestPerformers.com retains the right, but does not have the obligation, to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in the Help Page.
7. Your Transactions and Obligations. Bidders, buyers, and sellers create different obligations by accessing the Site and using the Services. By listing an item by auction in the Consumer Exchange, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive.
   
   
    
   • By entering into this Agreement and (a) posting a listing for auction or (b) bidding on an auctioned item or making a buy it now purchase, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
     
      
   • Sellers must provide a full refund directly to any buyer who remits payment, whether directly or through any payment service, if the item cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Any buyer who believes he/she may be entitled to a refund on this basis should contact the seller directly.
     
      
8. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
   
    
9. Illegal Activity
   
    
   • Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing, purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and WildWestPerformers.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
     
      
   • Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on WildWestPerformers.com or the bid price of any product listed on the Site, or influencing user behavior on WildWestPerformers.com.
     
      
10. Breach. Without limiting other remedies, WildWestPerformers may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if WildWestPerformers or any Direct Seller or Consumer Exchange vendor or seller is unable to verify or authenticate any information you provide to WildWestPerformers; or (c) if WildWestPerformers believes that your actions may cause legal liability for you, other WildWestPerformers users or WildWestPerformers.
    
     
11. Privacy, Monitoring and Disclosure.
    
     
    • WildWestPerformers.com is committed to protecting your privacy. Click here for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. WildWestPerformers may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by WildWestPerformers.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.
      
       
    • Investigation. As permitted by applicable law and consistent with our privacy policy, WildWestPerformers.com has the right, but not the obligation, to monitor any activity and content associated with this Site. WildWestPerformers.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. WildWestPerformers.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
      
       
    • Disclosure of Information. As permitted by applicable law, WildWestPerformers.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect WildWestPerformers.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of WildWestPerformers.com's business and systems or other purposes deemed reasonable by WildWestPerformers.com, WildWestPerformers.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
      
       
12. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. WildWestPerformers.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
    
     
    • THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
      
       
    • THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
      
       
    • THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE CONSUMER EXCHANGE ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS IN THE CONSUMER EXCHANGE WILL PERFORM AS PROMISED;
      
       
    • ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
      
       
    • ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WildWestPerformers.COM.
      
       

    TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WildWestPerformers.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM WildWestPerformers OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

     

13. General Release. BECAUSE WildWestPerformers.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE CONSUMER EXCHANGE SELLING COMMUNITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE WildWestPerformers.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY WildWestPerformers.
    
     
14. Limitation of Liability. WildWestPerformers.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
    
     
15. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WildWestPerformers AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
    
     
16. Applicable Law and Arbitration. The laws of the State of California govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
    YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN CHICAGO, California, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR WildWestPerformers MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN CHICAGO, California, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR WildWestPerformers PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
    
     
17. Consumer Exchange Selling Community Disputes. Because WildWestPerformers.com is not involved in the actual transaction between sellers and buyers in the Consumer Exchange selling community and is not the agent of either for any purpose, WildWestPerformers.com does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any transaction. WildWestPerformers.com urges sellers and buyers to cooperate with each other to resolve such disputes.
    
     
18. Licenses
    
     
    • Your Grant. By entering into this Agreement and listing an item, you grant WildWestPerformers.com and its affiliates a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings, bids, or purchases in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to WildWestPerformers.com's and its affiliates' use of your materials in connection with the Site and the Services, which may include advertising and promotion for the Site and the Services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings, bids, or purchases, and that the use of such materials by WildWestPerformers.com and its affiliates will not infringe upon or violate the rights of any third party.
      
       
    • WildWestPerformers's Grant. WildWestPerformers.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
      
       
19. Termination. WildWestPerformers.com, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current auctions immediately without notice for any reason.
    
     
20. Copyright. If you believe that you have been defamed in some manner by the WildWestPerformers.com Web site or your own work has been copied in a way that constitutes copyright infringement, please provide WildWestPerformers.com's Copyright Agent the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (ii) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the WildWestPerformers.com Web site; (iii) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (iv) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.

    WildWestPerformers.com's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:
     

    Robert basgall
    c/o WildWestPerformers.com
    209 hidden valley Rd Watsonville, Ca 95076
    By email:Robert@WildWestPerformers.com
    By phone: ((831)722-0565

    
     

21. General Provision
    
     
    • Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Stuff, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
      
       
    • No Agency; Third-Party Beneficiary. WildWestPerformers.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of WildWestPerformers.com, you, and relying buyers or sellers.
      
       
    • Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
      
       
    • No Waiver. WildWestPerformers.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of WildWestPerformers.com's right to subsequently enforce such provision or any other provisions of this Agreement