Terms of Service

TERMS OF USE

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WAXIE SITE BEFORE REGISTERING FOR THE WAXIE ONLINE SITE.

WAXIE Sanitary Supply (WAXIE) is the owner of the website located at [www.online.waxie.com] (the WAXIE Site) and the Owner or authorized licensee of the content displayed on the WAXIE Site. WAXIE operates the WAXIE Site for access by residents of the United States, its territories and possessions (the Territory). Please exit the WAXIE Site if you reside outside the Territory.

These terms of use (Terms of Use) govern your access to and use of the WAXIE Site generally, together with the Services (as defined below), applications, software, information and Content (defined below) available through the WAXIE Site. The WAXIE Site is available for your access and use only on the condition that you agree to the Terms of Use. If you do not agree to all of the Terms of Use, do not access or use the WAXIE Site. By indicating your acceptance of these Terms of Use by clicking on the I Accept buttons provided or otherwise using or accessing any of the Services, applications, software information and Content available through the WAXIE Site, you or the entity that you are authorized to represent (You or Your or Yourself) signify your acceptance of, and agreement with WAXIE Sanitary Supply to be bound by, these Terms of Use. If You do not agree to be bound by these Terms of Use, please exit the WAXIE Site. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of Your employer related to Your use of the WAXIE Site, You may no longer access and use the WAXIE Site.

Please note that Your use of other websites provided by WAXIE may be subject to different terms and policies which shall control as to those websites.

DESCRIPTION OF SERVICES

The WAXIE Site allows you to obtain information from WAXIE and use the services of WAXIE for which you have received authorization, which may include, without limitation: (i) allowing You to conduct searches for products and provide you access to price lists, product availability, and Your account information; (ii) allowing You to print a quote for Your business customers based on information You have provided WAXIE through software applications; (iii) enabling You to place orders directly to local distribution centers; and (iv) enabling you to review product specifications and configure products and product requirements for certain vehicles based on specified data (collectively, "Services"). You acknowledge that certain services offered on the WAXIE Site are premium services and, therefore, you will only have access to and may only use those services if you have paid fees required by WAXIE to receive those services as set forth below in the Fees section below.

OWNERSHIP OF CONTENT

The WAXIE Site and all of its contents, including, but not limited to, all information, text, images, photographs, illustrations, design, icons, video clips, trademarks, copyrighted material, trade dress, software applications, specifications, catalogs, literature, technical information, advertisements and other content or material on the WAXIE Site (Content) are the sole property of WAXIE, its vendors, licensors, licensees or other third parties. The rights in the Content are retained by the owner and are protected by copyright and other applicable law. Any use of any Content or the Services provided on the Site, except as provided in these Terms of Use, without the written permission of WAXIE is strictly prohibited. You are advised that WAXIE reserves the right enforce its intellectual property rights to the fullest extent of the law.

REGISTRATION

Prior to accessing any of the Services, You must complete the WAXIE Online Request Form (Order Form) and be approved for an account by WAXIE. The Order Form is available at [http://online.waxie.com/storefrontB2BWEB]. WAXIE will review Your Order Form, and upon WAXIEs approval of Your Order Form, will send You a confirmation that Your account has been activated. You agree to provide accurate, complete, current and true registration information about Yourself and Your company (as applicable) at all times throughout the registration process and Your subsequent use of the Services, and to promptly update Your information if any changes to the information occur. If the information You provide is not accurate, complete, current or true, or WAXIE has reason to believe that it is not accurate, complete, current or true, WAXIE may, at its sole discretion, refuse to register You for an account or immediately suspend or terminate Your account, Your access to the Services, and the license granted under these Terms of Use.

USER ACCOUNT AND PASSWORD

Upon approval of Your Order Form, You will receive a password and account designation. Only You, and authorized employees of the company registered for an account (if applicable), are permitted to access and use the WAXIE Site in accordance with these Terms of Use. You are responsible for maintaining the confidentiality of the password and associated account information. You are prohibited from distributing, providing or otherwise making Your password available to any third party, and from downloading or copying any information You access on the WAXIE Site for the benefit of any third party. You are also responsible for any and all activities that occur under Your password and account and any obligation which may result from such use. You agree to (a) immediately notify WAXIE and Your WAXIE local distribution center of any unauthorized use of Your account or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. If You believe Your password has been stolen or might otherwise be misused, You are responsible for changing Your password.

FEES

In consideration for the rights and licenses provided to access and use the WAXIE Site and Services, You shall pay fees to WAXIE according to the cost schedule set forth on the Order Form, as applicable (Fees) and subject to the terms and conditions on the Order Form. You acknowledge that products and services ordered through the WAXIE Site may be subject to additional fees and costs and terms and conditions regarding those orders.

LICENSE AND USE OF SERVICES

You agree to use the WAXIE Site and Services only for the purposes for which they are designed. Subject to the these Terms of Use, and upon issuance of the appropriate password, user ID, and account designation, WAXIE grants You a limited, personal, nontransferable, non-sublicensable, revocable license to access and make informational use of the WAXIE Site, Services, and Content, solely for those business purposes permitted by WAXIE, which may include, without limitation, obtaining product information and specifications for Your own business use, for the purpose of supplying quotes to Your business customers and to place orders directly to WAXIE distribution centers. In accordance with the limited license granted above, You may view, copy and print individual pages from the WAXIE Site, but You may not download (other than page caching) or modify the Content. Except for the limited license, WAXIE does not convey to you any right or interest in the WAXIE Site, Services, Content or information available through the WAXIE Site or software applications.

LIMITATIONS ON LICENSE

All rights not expressly granted to You under these Terms of Use are reserved and retained by WAXIE. You shall not, directly or indirectly, without the express written consent of WAXIE, (i) copy, reproduce, modify, create derivative works from, adapt or translate the WAXIE Site or any Content; (ii) reverse engineer, decompile, or disassemble any software or technology provided in connection with the WAXIE Site; (iii) offer for sale, sell, distribute, transfer, assign, sublicense, lend or encumber the WAXIE Site software or any license or right granted in these Terms of Use or otherwise make any resale use of the WAXIE Site or Content; (iv) insert a virus, trojan horse or other disabling mechanism; (v) collect and use or aggregate any product listings, descriptions, or prices; (vi) make any derivative use of the WAXIE Site or Content; (vii) use data mining, robots, or similar data gathering and extraction tools in connection with the WAXIE Site; (viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); or (ix) use any meta tags or any other "hidden text" utilizing WAXIEs name or trademarks. Any unauthorized use may result in termination or suspension of Your account or access to the WAXIE Site.

You are further prohibited from using the WAXIE Site or any of its Contents (i) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) for any purpose that is unlawful or prohibited by these Terms of Use; (iii) in any manner which could damage or disparage WAXIE, (iv) in any manner that could disable, overburden, or impair the WAXIE Site or interfere with any other party's use and enjoyment of the WAXIE Site; or (v) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WAXIE Site. Tampering with the WAXIE Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the WAXIE Site are strictly prohibited. WAXIE will fully cooperate with any law enforcement authorities or any court order requesting or directing WAXIE to disclose the identity of anyone posting or transmitting any such information or materials. Any advertising or commercial solicitation on the WAXIE Site is prohibited, except with the prior written permission of WAXIE.

TERMINATION OF ACCESS TO THE WAXIE SITE

In addition to other access termination rights set forth in these Terms of Use, WAXIE may terminate Your license to use the WAXIE Site and may prevent access by You to the WAXIE Site in its sole discretion, at any time upon thirty (30) days prior written notice to You. WAXIE may immediately suspend Your rights hereunder and Your access to and use of the WAXIE Site without notice and may terminate Your account license to the WAXIE Site if any of the following events occur: (i) You fail to pay any Fees, charges, or costs when due; (ii) WAXIE determines that You have breached any obligation, representation or warranty of these Terms of Use; or (iii) if You notify WAXIE in writing or by any action, of Your refusal to accept any modification by WAXIE to these Terms of Use.

EQUIPMENT

In order to use the WAXIE Site, You must obtain access to the Internet. You are responsible for providing Your own Internet access. You shall be responsible for obtaining and maintaining all telephone, computer hardware, modems and other equipment needed for access to and use of this Site and all charges related thereto including but not limited to telephone access charges and internet service fees. WAXIE is not responsible for providing You with Internet access or for any failure of Your Internet service provider. You shall pay, and be responsible for any and all sales taxes, use taxes and any other taxes imposed by any jurisdiction as a result of (i) Your access to the WAXIE Site; (ii) the performance of any of the provisions of these Terms of Use; and (iii) the transfer of any rights or any other grant hereunder.

THIRD PARTY SOFTWARE

You acknowledge and agree that certain portions of the WAXIE Site may utilize or communicate with software developed by Third Parties or with Third-Party Internet service providers not under the control of WAXIE ("Third Party Software and Services"). Licensee agrees to look solely to such Third Party vendors for remedies, losses or damages related to the Third-Party Software and Services. For purposes of this Paragraph, Third-Party shall mean any person or entity other than WAXIE or one of its affiliated entities.

LICENSEE INFORMATION

You grant WAXIE a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully paid-up right and license to any information You provide to the WAXIE Site to (i) produce, transmit, perform, display, access and use Your information as WAXIE deems necessary to provide the Services and fulfill orders, etc.; (ii) to conduct analyses in order to make or offer changes or enhancements to services, features or functionalities available from WAXIE; and (iii) to perform statistical analyses of Your behavior, characteristics and experience in order to measure actual or potential interest in or use of various features, functionalities, or offerings.

FEEDBACK AND SUBMISSIONS.

WAXIE encourages You to report to WAXIE any defects, errors, or faults You find in the WAXIE Site or with any Services, relating to any access or use of the Site, or any exchange of information or data therewith. Such report should document, to the best of Your ability, the events that led up to the problems(s) with the WAXIE Site and the manifestations of such problem(s). WAXIE also encourages You to inform WAXIE of Your opinions regarding the design of the WAXIE Site and Services, its performance, its suitability for its projected use, its limitations, its appearance, its ease of access and use and the exchange of information and data with the WAXIE Site. This information and any other comments, information, data or suggestions that You provide to WAXIE shall be collectively referred to herein as Feedback. You acknowledge and agree that WAXIE shall own all rights, title and interest in and to all Feedback, including without limitation, any ideas, concepts, know-how, or techniques contained in such Feedback, and WAXIE shall be free to reproduce, use, disclose, exhibit, display, perform, transform, create derivative works based on such Feedback, distribute, offer for sale, sell, transfer and assign such Feedback to others, without limitation. WAXIE shall have no obligation to keep confidential any Feedback. This section does not affect Your obligation to keep such Feedback confidential pursuant to the confidentiality requirements of these Terms of Use.

LICENSEE REPRESENTATIONS

Licensee represents and warrants that (i) You are an individual that resides in, or a business entity with, a principal place of business in the Territory; (ii) You are authorized to agree to these Terms of Use and perform the obligations set forth in these Terms of Use; (iii) You will only use the Services solely for the purpose authorized pursuant to these Terms of Use; (iv) You will not provide any information You obtain from the WAXIE Site to third parties, other than as quotes to Your business customers, and (v) all information provided to WAXIE in connection with these WAXIE Site, including, without limitation, registration information and content is true, correct and accurate. PRODUCT, SERVICE AND TECHNICAL INFORMATION ON THE WAXIE SITE WAXIE has made a conscientious effort to display and describe the products, services and related specifications available on the WAXIE Site accurately and completely. However, the detail and accuracy of the image and specifications of products that You see as a visitor to the WAXIE Site will depend on a number of things, including Your computer equipment and Internet connections. Consequently, WAXIE cannot and does not guarantee that the product images, services or specifications displayed or described to You on the WAXIE Site are or will remain accurate in every detail. Furthermore, WAXIE is constantly updating the products services depicted on the WAXIE Site in response to the technological advancements made in the industry. You agree that the technical information, opinions, recommendations and other information made available to You on the WAXIE Site and other sites to which the WAXIE Site is linked, including recommendations regarding product selections, are not reasonable substitutes for thorough consultation with appropriately trained professionals familiar with Your particular needs and circumstances.

The products and services depicted on the WAXIE Site are available only while supplies last. WAXIE reserves the right to discontinue the offering for sale of any product or service at any time, without notice. WAXIE is not a party to any sales or other transaction that You may make with a customer by phone, online, or otherwise. WAXIE, therefore, does not guarantee that any customer will honor any commitment, promise, or other obligation to You.

YOU ACKNOWLEDGE THAT ANY QUOTES PROVIDED BY THE WAXIE SITE ARE VALID ONLY UNTIL MIDNIGHT EASTERN STANDARD TIME OF THE DAY YOU REQUESTED THE QUOTE. WAXIE IS NOT RESPONSIBLE FOR ANY PRICE CHANGE THAT OCCURS AFTER THAT TIME.

CONFIDENTIALITY:

You acknowledge and agree that the WAXIE Site contains valuable trade secrets and confidential information owned by WAXIE, including but not limited to, the cost to WAXIE of the products and services offered for sale on the WAXIE Site, the development status of the WAXIE Site software, the features, operation, security features, performance, capabilities, and functionality of the WAXIE Site software, content and flow of the WAXIE Site software screens, the method and pattern of use interaction with the WAXIE Site software, the content of the WAXIE Site software documentation. You shall take all reasonable precautions to prevent disclosure of the confidential information and trade secrets of WAXIE and shall not, for or on behalf of Yourself or any other person, directly or indirectly, use or disclose such confidential information or trade secrets except (i) as expressly authorized under this these Terms of Use; (ii) as authorized in writing by WAXIE; or (iii) as required by law or a governmental agency; provided WAXIE is first notified of such order or request and is given a reasonable opportunity to oppose or limit such court order or other governmental requirement. If You have executed a Non-Disclosure Agreement with WAXIE relating to the subject matter of the WAXIE Site, such Non-Disclosure Agreement shall take precedence over this provision, to the extent such Non-Disclosure Agreement conflicts with these Terms of Use.

Within ten (10) business days following termination or suspension of the license granted to You under these Terms of Use, You must deliver to WAXIE all materials provided to You in connection with the WAXIE Site, including without limitation, any copies or derivatives therefrom, or certify that all such materials in the Your possession have been permanently and irretrievably destroyed.

The covenants of confidentiality set forth in these Terms of Use will continue and must be maintained during Your use of the WAXIE Site and (1) with respect to trade secrets, at any and all times after the expiration or termination of Your license under these Terms of Use during which such trade secrets retains their status as a "trade secret" under applicable law; and (2) with respect to confidential information, for the longer of a period equal to two (2) years after the expiration or termination of Your license under these Terms of Use or until such confidential information no longer qualifies as confidential under applicable law, whichever is later.

THIRD PARTIES

The WAXIE Site may contain products and services offered by, and hypertext links to websites (Linked Sites) owned or operated by, parties other than WAXIE. Such products, services and links are provided for Your convenience only. WAXIE is not responsible for examining or evaluating, and does not warrant the offerings of, any of these third parties, and does not control the content or privacy policies on, or the security of such sites. Without limiting the foregoing, WAXIE specifically disclaims any responsibility if such Linked Sites infringe any third party's rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. WAXIE does not endorse the content, or any products or services available, on such Linked Sites. If You establish a link to such Linked Sites, You do so at Your own risk and without the recommendation or permission of WAXIE. Any concerns regarding any product or service offered by a Linked Site or the link itself should be directed to the operator of that specific site and not to WAXIE.

LINKS TO THE WAXIE SITE

You agree not to establish a hypertext link to the WAXIE Site or any pages hereof without WAXIEs prior written consent.

DISCLAIMER OF WARRANTIES

THE WAXIE SITE AND ALL SERVICES AND CONTENT ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WAXIE, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, WAXIE neither warrants nor represents that (i) Your use of the WAXIE Site, or any Services or Content will not infringe the rights of any third parties; (ii) the Content will be accurate, reliable, complete or up-to-date; (iii) Content provided on the WAXIE Site is applicable to, or appropriate for use in, locations outside of the United States; (iv) Your access to the WAXIE Site will be uninterrupted or error free; (v) You or Your customers will be satisfied with any products or services that You purchase from the WAXIE Site or any Linked Site; or (vi) any errors in the WAXIE Site software will be corrected. For any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the WAXIE Site, WAXIE assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the WAXIE Site.

LIMITATION OF LIABILITY

YOUR USE OF THE WAXIE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WAXIE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT AND SERVICES. IN NO EVENT SHALL WAXIE BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WAXIE SITE, DOWNLOAD OF ANY CONTENT OR ANY ACCESS TO LINKED SITES. UNDER NO CIRCUMSTANCES SHALL WAXIE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WAXIE SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA, INJURY, ILLNESS OR DEATH, AND ANY SUCH DAMAGES INCURRED BY ANY THIRD PARTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WAXIE SITE, CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES). IN NO EVENT SHALL WAXIES OR ANY OF ITS THIRD PARTY PROVIDERS LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT OF FEES PAID BY YOU FOR ACCESS TO THE WAXIE SITE FOR THE PRECEDING TWELVE (12) MONTH PERIOD IN THE AGGREGATE. IF You are dissatisfied with any portion of the WAXIE Site, or with any of these Terms of Use, except as set forth above, Your sole and exclusive remedy is to discontinue using the WAXIE Site.

INDEMNIFICATION BY YOU

You agree to indemnify, defend and hold harmless WAXIE, its employees, directors, officers, agents, parents, subsidiaries and affiliates from and against any and all claims, demands, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to Your unauthorized use of the WAXIE Site or the material provided therein, any breach by You of these Terms of Use and any claim that You have violated anotherís privacy rights by collecting or using information about that person.

EXPORT CONTROL

Software and other materials from the WAXIE Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No WAXIE Site software may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. WAXIE does not authorize the downloading or exportation of any software or technical data from the WAXIE Site to any jurisdiction prohibited by the United States Export Laws.

ELECTRONIC COMMUNICATIONS

When You visit the WAXIE Site or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically.

NOTICES

WAXIE may provide notices to You by email or regular mail. Such notices may include changes to the Services or these Terms of Service, and may refer to relevant links on the community intranet website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

REVISIONS TO THE TERMS

WAXIE may at any time and without notice revise these Terms of Use by updating this posting. You are bound by any such revisions by accessing and/or using the WAXIE Site following such revisions and should therefore periodically visit this page to review the current Terms of Use.

QUESTIONS & COMPLAINTS

WAXIE hopes that You are fully satisfied with the WAXIE Services. Should You have any questions about the Services or be dissatisfied with any aspect of the Services, please email Your question or complaint to mailto: support@waxie.com.

VIOLATIONS OF TERMS AND CONDITIONS OF SERVICE

Should You become aware of any violations of these Terms of Use, please email reports of such violations to mailto: support@waxie.com with the word violation in the subject of Your message.

INJUNCTIVE RELIEF

If You breach or threaten to breach these Terms of Use, You acknowledge and agree that WAXIE will be greatly and irreparably damaged and that the damage will be difficult to quantify. Therefore, WAXIE may apply to any court of competent jurisdiction for injunctive or equitable relief under this specific provision. Such a determination will not impair, invalidate, negate or void WAXIEs rights to relief in law or equity.

GENERAL PROVISIONS

These Terms of Use and Your use of the WAXIE Site are governed by the laws of California, without regard to the conflict or choice of law principles. Any dispute relating in any way to your visit to the WAXIE Site or to products or services you purchase through the WAXIE Site shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate WAXIE's intellectual property rights, WAXIE may seek injunctive or other appropriate relief against you in a court of competent jurisdiction. Arbitration will be conducted under the then-prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any claim or cause of action arising out of or related to Your use of the WAXIE Site or its Content or Services must be filed within one year after such claim or cause of action arises. WAXIE's performance of these Terms of Use is subject to existing laws and legal process, and WAXIE reserves the right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WAXIE Site or information provided to or gathered by WAXIE with respect to such use. You agree that no joint venture, partnership, employment, or agency relationship exists between You and WAXIE as a result of these Terms of Use or Your use of the WAXIE Site. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between You and WAXIE with respect to the WAXIE Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and WAXIE with respect to the WAXIE Site. In the event that any of these Terms of Use conflict with the any other terms and guidelines contained within the WAXIE Site, then these Terms of Use shall control.