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Terms
Of Use
General
WholesaleAndDropship.com and, its subsidiaries
and affiliates (collectively
"WholesaleAndDropship.com") provide
you with access to this Web site and the
services available on this Web site, or other
Web sites as indicated below, (collectively,
the "Services," which will be
defined more under the Section,
"Services."). Access to and use of
the Services is governed by these Terms of Use
(the "Agreement"). By accessing or
using the Services, you indicate your assent
to be bound by the Agreement, and your
acknowledgment of and agreement to its terms.
Services
The Services include WholesaleAndDropship.com
Search. The Services may also be located on
third party web sites and/or applications. Our
Search Services enable you to search the World
Wide Web for anything that interests you,
whether it is fly fishing, medical research or
digital cameras. We provide you with search
listings of advertisers of
WholesaleAndDropship.com (as well as search
listings provided to WholesaleAndDropship.com
by a third party to supplement the advertiser
listings) that help you find what you are
looking for.
A little more
detail:
The
Services act as a system or venue to introduce
you to buyers and sellers of goods and
services and providers of information. WholesaleAndDropship.com
uses reasonable efforts to ensure the
availability of the information and content,
including links, that it makes available
through the Services. However, the Services
are composed of content not offered by
WholesaleAndDropship.com.
WholesaleAndDropship.com does not control (i)
the quality, safety or legality of items
available through or on its advertisers' Web
sites or sites of third parties not in privity
of contract with WholesaleAndDropship.com,
(ii) the truth or accuracy or legality of the
content from those advertisers or those third
parties (even if such content appears on the
Services), or (iii) the availability or
technical capabilities of their Web sites or
links to those Web sites.
WholesaleAndDropship.com is not liable or
responsible for content supplied by third
parties, or for actions you might take in
reliance on that content.
Nothing
contained in any of the Services is an offer
or promise to sell a specific product for a
specific price or that any advertiser will
sell any product or service for any purpose or
price or on any specific terms.
WholesaleAndDropship.com does not guarantee
the price, terms, product, availability and/or
services offered by any advertiser.
For all of
the Services, WholesaleAndDropship.com is not
involved in any transactions between you and
any of its advertisers, and is not responsible
for, and does not guarantee the price or
performance of any goods, services or
information provided by advertisers. If you
have a dispute with one or more advertisers,
you agree to release and hereby release
WholesaleAndDropship.com (and
WholesaleAndDropship.com's officers,
directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content
providers and service providers) 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.
Only
Personal Use is Authorized
Under this
Agreement, WholesaleAndDropship.com gives you
permission to access and use the Services for
your personal use, and to copy, distribute and
transmit the content of the Services only to
the extent that such copying, distribution,
and transmission is automatically done through
your browser software incidentally to using
the Services for your personal use. You may
also print a copy of the information displayed
on the Services for your personal use. That
means, that except as set forth above, you may
not modify, reformat, copy, display,
distribute, transmit, publish, license, create
derivative works from, transfer or sell any
information, products, or service obtained by
your use of the Services. This restriction
means, among other things, that you may not
mirror on your own Web site any portion of the
Services or display through your own Web site
any results pages or other information from
the Services without
WholesaleAndDropship.com's express permission.
The
technology underlying, and content within, the
Services is owned by WholesaleAndDropship.com
and/or its licensors (including
WholesaleAndDropship.com's advertisers and
other content providers) and is protected by
copyright and other intellectual property or
proprietary rights. If you use the Services
other than as provided above, you may violate
copyright and other laws of the United States,
other countries, as well as applicable state
laws and may be subject to penalties. That
would not be a good thing. As between you and
WholesaleAndDropship.com,
WholesaleAndDropship.com owns and retains all
ownership of the technology underlying and
content within the Services, and reserves all
rights not explicitly granted to you in this
Agreement.
Disclaimer
of Warranties
THE SERVICES ARE
PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND. WholesaleAndDropship.com
DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
WholesaleAndDropship.com
Potential Liability for the Services is
Limited
NEITHER WholesaleAndDropship.com NOR ANY OF
ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS,
CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICES, OR INABILITY TO GAIN
ACCESS TO OR USE THE SERVICES.
WholesaleAndDropship.com WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS
PART OF THE SERVICES OR FOR INFORMATION
CONTAINED IN OR PART OF THE SERVICES INCLUDING
BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF
WholesaleAndDropship.com, ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND
CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH STATE LAW
AND OR $100 WHICHEVER IS LOWER. NO CHARGES OF
ANY KIND WILL BE TAKEN AGAINST THE OWNER,
OFFICERS, DIRECTORS, IN ANY COURT OF LAW.
PRIVACY
Please review our
Privacy Statement.
INDEMNIFICATION
Customer agrees that it shall defend,
indemnify, save and hold
WholesaleAndDropship.com harmless from any and
all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees
asserted against WholesaleAndDropship.com, its
agents, its customers, officers and employees,
that may arise or result from any service
provided or performed or agreed to be
performed or any product sold by customer, its
agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless
WholesaleAndDropship.com against liabilities
arising out of; (1) any injury to person or
property caused by any products sold or
otherwise distributed in connection with
WholesaleAndDropship.com's server; (2) any
material supplied by customer infringing or
allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement
and (4) any defective products sold to
customer from WholesaleAndDropship.com's
server.
DISCLAIMER
WholesaleAndDropship.com
will not be responsible for any damages
customers or their enterprises may suffer.
WholesaleAndDropship.com makes no warranties
of any kind, expressed or implied for services
we provide. WholesaleAndDropship.com disclaims
any warranty, merchantability or fitness for a
particular purpose. The includes loss of data
resulting from delays, non-deliveries, wrong
delivery, any and all service interruptions
caused by WholesaleAndDropship.com and its
employees. WholesaleAndDropship.com reserves
the right to revise its policies at any time.
LIMITATION OF LIABILITY
In no event shall
WholesaleAndDropship.com be liable to customer
for any damages resulting from, or related to,
any failure or delay of
WholesaleAndDropship.com in providing access
to the internet under this agreement.
WholesaleAndDropship.com makes no warranties
of any kind, expressed or implied for services
we provide. WholesaleAndDropship.com disclaims
any warranty, merchantability or fitness for a
particular purpose. In no event shall
WholesaleAndDropship.com be liable to customer
for any indirect, special or consequential
damages or lost profits arising out of or
related to this agreement, the performance or
breach thereof, or the accuracy or correctness
of databases or the information contained
therein, even if WholesaleAndDropship.com has
been advised of the possibility thereof. Any
claim or legal action arising out of failure,
malfunction or defects in
WholesaleAndDropship.com services or goods, or
arising from this contract in any respect,
shall be brought within a period of one (1)
year following the occurrence or said claim
shall be deemed waived.
WholesaleAndDropship.coms liability to
customer hereunder, if any, shall in no event
exceed the total amount customer paid to
WholesaleAndDropship.com hereunder.
WholesaleAndDropship.com will not be
responsible for any damages suffered by
customer in any way related to this agreement.
This includes loss of data resulting from
delays, non-deliveries, wrong deliveries, and
any and all service interruptions caused by
WholesaleAndDropship.com and its employees by
its own negligence or customers errors or
omissions. WholesaleAndDropship.com reserves
the right to revise its policies at any time.
In notifying WholesaleAndDropship.com of
alleged copyright infringement, you must
include the following information: A
description of the copyrighted work that is
the subject of claimed infringement A
description of the infringing material and
information sufficient to permit
WholesaleAndDropship.com to locate the alleged
material Contact information for you,
including your address, telephone number
and/or email address A statement by you that
you have a good faith belief that the material
in the manner complained of is not authorized
by the copyright owner, or its agent, or by
the operation of any law A statement by you,
signed under penalty of perjury, that the
information in the notification is accurate
and that you have the authority to enforce the
copyrights that are claimed to be infringed A
physical or electronic signature of the
copyright owner or a person authorized to act
on the owner's behalf
Failure to include all of the above-listed
information may result in the delay of the
processing of your complaint. For more
information on the Digital Millennium
Copyright Act please visit the United States
Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
WholesaleAndDropship.com
does not arbitrate or resolve trademark
disputes among WholesaleAndDropship.com
advertisers or between those advertisers and
third parties. However,
WholesaleAndDropship.com will promptly comply
with an order of a court of competent
jurisdiction concerning a trademark issue.
WholesaleAndDropship.com occasionally receives
requests to remove listings from within the
Services. WholesaleAndDropship.com reserves
the right to address such requests on a
case-by-case basis.
Objectionable Material
WholesaleAndDropship.com encourages you to use
discretion when browsing the Internet or using
the Services. The Services may contain
information that you find objectionable,
harmful, deceptive or otherwise inappropriate,
especially for children. To ensure you do not
receive offensive material, nevertheless, you
must install your own filtering software if
you wish to limit the content available
through the Services.
If you come across any site that you
believe contains child pornography or other
illegal material, please contact objectionable@wholesaleanddropship.com
and we will contact the authorities as
appropriate.
Privacy and Data Collection
WholesaleAndDropship.com does
not collect personally identifying information
from users of the Services unless users have
explicitly given such information to
WholesaleAndDropship.com (for example, when
becoming an advertiser or when sending us an
email with a question or as part of a
contest). WholesaleAndDropship.com information
practices are further described in its privacy
policy. WholesaleAndDropship.com privacy
policy is part of this Agreement, and you
agree that use of data as described in the
privacy policy is not an actionable breach of
your privacy or publicity rights. If you have
entered into another agreement with
WholesaleAndDropship.com (such as an
Affiliate Agreement or an Advertiser
Agreement), then you may be subject to
additional or different provisions regarding
privacy and data collection. If you would like
more information, please read our privacy
policy.
You should consider any communication that
you transmit to WholesaleAndDropship.com (such
as data, questions or answers, comments, or
suggestions) as non-confidential, and agree
that WholesaleAndDropship.com will not be
liable or responsible if information that
belongs to you is intercepted and used by an
unintended recipient.
Control over Features, Functions, and
Access to the Services
WholesaleAndDropship.com reserves the right to
change any information, features and functions
of the Services without prior notice.
WholesaleAndDropship.com may deny you access
to all or part of the Services without prior
notice if you engage in any conduct or
activities that WholesaleAndDropship.com
determines, in its sole discretion, violate
this Agreement, the rights of
WholesaleAndDropship.com or any third party,
or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws
of the State of California without regard to
its conflict of law provisions.
WholesaleAndDropship.com failure to exercise
or enforce any right or provision of the
Agreement will not be deemed to be a waiver of
such right or provision. If any provision of
this Agreement is found by a court of
competent jurisdiction to be invalid, the
parties nevertheless agree that the court
should endeavor to give effect to the parties'
intentions as reflected in the provision, and
the other provisions of this Agreement remain
in full force and effect. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the Services must
be filed within one (1) year after such claim
or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or
relating to this Agreement or the Services
will be settled by binding arbitration in
accordance with the commercial arbitration
rules of the American Arbitration Association.
Any such controversy or claim must be
arbitrated on an individual basis, and must
not be consolidated in any arbitration with
any claim or controversy of any other party.
The arbitration must be conducted in Orange
County, California, and judgment on the
arbitration award may be entered into any
court having jurisdiction thereof. Either you
or WholesaleAndDropship.com may seek any
interim or preliminary relief from a court of
competent jurisdiction in Orange County,
California, as necessary to protect the rights
or property of you or WholesaleAndDropship.com
Amendment
WholesaleAndDropship.com may amend this
Agreement at any time by posting the amended
terms on its Web site. Except as stated below,
all amended terms are automatically effective immediately
after they are initially posted. This
Agreement may not be otherwise amended except
in a written document signed by you and
WholesaleAndDropship.com.
Contacting Us
If you have any questions about our site, this
agreement, or our general procedures, please
contact: terms@wholesaleanddropship.com
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