Welcome to westernstatedesign.com! (the "Website")

Terms of Use


Please take a few minutes to review these Terms of Use. Your use or browsing of the Website and/or your purchase of products or use of any services from Western State Design, Inc. ("WSD" or "us" or "we") or from third parties that sell products, parts, equipment, facilities or other properties, or services listed on the Website (a "Third Party") constitutes your agreement to the following: (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with WSD or with any Third Party, and (3) you have the authority to enter into these Terms of Use personally or on behalf of WSD you have named as the customer, and to bind that company to these Terms of Use. The term "you" refers to the individual or legal entity, as applicable, identified as the customer when you registered on the Website. If you do not agree to be bound by these Terms of Use, you may not access or use the Website or purchase products or services through the Website. The term "Content" means the content of the Website as it changes from time to time.

Your use of certain services offered on the Website may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. For example, if you use the "Laundries for Sale" listings, Supplemental Terms will apply to that use. The Terms of Use and any applicable Supplemental Terms are referred to herein as the "Terms."

These Terms of Use May Change

Please note that the Terms are subject to change by WSD in its sole discretion at any time. When changes are made, WSD will make a new copy of the Terms of Use and any Supplemental Terms available on the Website. Any changes to the Terms will be effective immediately. WSD may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after the changes have been made, you must stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Privacy

Please review our Privacy Policy below, which governs your use of the Website and the Content, to understand our practices.

User Comments

We welcome your comments about the Website. However, any comments, feedback, messages, ideas, suggestions, notes or other communications (collectively "Comments") sent to the Website shall be and remain the exclusive property of WSD Your submission of any such Comments shall constitute an assignment to WSD of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. WSD will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Consequently, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative.

User Behavior

You agree that you will not, under any circumstances:

(a) Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; information on the Website;
(c) Use, display, mirror or frame the Website;
(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Website;
(e) Intercept, examine or otherwise observe any proprietary communications;
(f) Reverse engineer, decompile, disassemble or decipher the Website; or
(g) Solicit or attempt to solicit personal information from other Users of the Website

Links to Other Websites

Links to other Internet sites operated by third parties, including WSD vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Product Information

All prices displayed on the Website are quoted in U.S. dollars. The Website may restrict delivery to addresses within the United States and Canada. the Website will add shipping and handling fees and applicable sales/use tax. . Duties, taxes, custom fees or other charges related to purchases made by parties outside the United States are the responsibility of the buyer. The Website reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by the Website. The receipt by you of an order confirmation does not constitute the Website's acceptance of an order. Prior to the Website's acceptance of an order, verification of information may be required. The Website reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from the Website, for any reason. the Website reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

Intellectual Property

All of the Content is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by WSD Your use of the trademarks, service marks, trade dress and copyrighted material displayed on the Website is prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal use in connection with services offered on the Website, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. WSD reserves complete title and full intellectual property rights in any Content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.

Disclaimer of Warranties

The Website makes no warranties or representations whatsoever with respect to the Website or any linked site or its content, including the availability of the website or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. The Website and all contents available on the Website are provided on an "as is" and "as available" basis with all faults without warranties of any kind, either expressed or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk, and that neither WSD, nor any subsidiary, affiliate, employee, officer, shareholder or director of WSD or any subsidiary or affiliate (collectively, "WSD Parties" shall be liable for any damages of any kind related to your use of the Website).

No advice or information, whether oral or written, obtained from WSD or through the Website will create any warranty not expressly made herein.

From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions. WSD reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the website shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Website shall promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE LIMITATIONS IN THE TERMS OF USE MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, WSD'S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT WSD'S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.

Limitation of Damages.

IN NO EVENT SHALL ANY WSD PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

No Liability for Conduct of Third Parties.

You acknowledge and agree that WSD is not liable, and you agree not to seek to hold WSD liable, for the conduct of third parties, including operators of external websites, and that the risk of injury from such Third Parties rests entirely with you. WSD makes no warranty that the goods or services provided by Third Parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. WSD makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any user content obtained through WSD properties.

Indemnification

You agree to defend, indemnify, and hold harmless the WSD Parties and each of them from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Website or the Content, or any Third Party claim arising with respect thereto. The foregoing indemnification obligation shall survive termination of these Terms and the Website and any product or service provided to you arising out of or relating to your use of the Website. WSD reserves the right, at your expense, to assume the exclusive defense and control of any Third Party claim for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of WSD.

Release

You hereby release us, our officers, directors, shareholders employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of any Third Party websites.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

IF YOU ARE A RESIDENT OF ANY STATE OTHER THAN CALIFORNIA, YOU HEREBY WAIVE THE STATUTE OF THAT STATE, IF ANY, THAT IS COMPARABLE IN EFFECT TO THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542.

General Provisions

Electronic Communications. The communications between you and WSD use electronic means, whether you visit the Website or send WSD e-mails, or whether WSD posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from WSD in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WSD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without WSD's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeure. WSD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Limitations Period. YOU AND WSD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE WEBSITE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Jurisdiction and Venue. You and WSD agree and hereby submit to the exclusive personal jurisdiction and venue of any State or federal court located in the County of Alameda, California, with respect to any claims, causes of action or disputes arising out of or related to the Website, the Content or any products or services purchased by you through the Website.

Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement. The Terms, together with the Supplemental Terms (if applicable) and the Privacy Policy, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

Supplemental Terms of Use - Laundries for Sale (LFS)

Western State Design (WSD) provides a service (the "Service") that allows you to post information about your laundry facility for sale and/or to find a laundry for sale on the "Laundries For Sale" pages (the "LFS Pages") of the WSD Website subject to the above Terms of Use and the following Supplemental Terms of Use ("Supplemental Terms"). By using the Service, you are agreeing to comply with the Terms of Use and these Supplemental Terms.

You understand and agree that:

(1) All postings, text, images, or other materials ("Content") posted on the LFS Pages are the sole responsibility of the person posting such Content.

(2) WSD does not control, and is not responsible for Content made available on the LFS Pages.

(3) WSD's only role in the Service is to allow third parties to post and view information about laundries for sale on the LFS Pages. WSD is not soliciting purchasers of laundries listed on the Website and WSD is not soliciting sellers to post laundries for sale. WSD is not an agent for any seller or buyer. WSD will not engage in any negotiation between buyers and sellers of laundries for sale on the LFS Pages. In summary, WSD will not provide the services of a finder, real estate broker or securities broker with regard to laundries listed for sale on the LFS Pages.

WSD makes no representation or warranty as to the accuracy, completeness or authenticity of the information posted on the LFS Pages. Under no circumstances will WSD be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the LFS Pages. You acknowledge that WSD does not pre-screen or approve Content, but that WSD shall have the right (but not the obligation) in its sole discretion to delete or move any Content that is available via the LFS Pages for any reason.

Your interactions with organizations and/or individuals found on or through the LFS Pages, including purchase or sale of laundry facilities, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with a transaction with any of these third parties.

You agree that WSD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and a third party regarding a posting on the LFS Pages, you understand and agree that WSD is under no obligation to become involved. In the event that you have a dispute with one or more other parties, you hereby release WSD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and /or the LFS Pages.

Privacy Policy

This privacy policy ("Policy") describes how WSD collects, uses and shares personal information of consumer users of this website, westernstatedesign.com (the "Website").

What we Collect

We get information about you in a range of ways.

Information You Give Us.

We collect your name, postal address, email address, phone number, username, password, demographic information (such as your gender and occupation), and other information you directly give us on the Website.

Information We Get from Others.

We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected.

We automatically log information about you and your computer. For example, when visiting the Website, we log your computer operating system type, browser type, browser language, the website you visited before browsing to the Website, pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address and information about your use of and actions on the Website.

Cookies.

We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. Cookies help us make the Website and your visit better. We use cookies to see which parts of the Website people use and like and to count visits to the Website.

Web Beacons.

We may log information using digital images called Web beacons on the Website or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.

Use of Personal Information

We use your personal information as follows:

  • We use your personal information to process and deliver orders.
  • We use your personal information to respond to comments and questions and provide customer service.
  • We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • We use your personal information to link or combine user information with other personal information.
  • We use your personal information to provide and deliver products and services customers request.

 

Sharing of Personal Information

We may share personal information as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • We may share personal information for legal, protection, and safety purposes.
  • We may share information to comply with laws.
  • We may share information to respond to lawful requests and legal process.
  • We may share information to protect the rights and property of WSD, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
  • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
  • We may share information with those who need it to do work for us.
  • We may also share aggregated and/or anonymized data with others for their own uses.

 

Information Choices and Changes

Our marketing emails tell you how to "opt-out." If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from the Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how the Website works for you.

Security of your Personal Information

We take steps to help protect personal information. No company can fully prevent security risks, however. Mistakes may happen. Bad actors may defeat even the best safeguards.

Contact Information

We welcome your comments or questions about this Privacy Policy. You may also contact us at our address: 2331 Tripaldi Way, Hayward, CA 94545 800-633-7153 info@westernstatedesign.com

Copyright 2015 Western State Design. All Rights Reserved.

Western State Design and the WSD logo are trademarks of WSD.



Last Updated: October 2015.

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