United States Wholesale

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TERMS OF USE - UNITED STATES WHOLESALE

Effective Date: September 15, 2022

Welcome to United States Wholesale.com. United States Wholesale Inc. and/or its affiliates (“United States Wholesale “) provide website features and other products and services to you when you visit or shop at unitedstateswholesale.com, use United States Wholesale products or services, use United States Wholesale applications for mobile, or use the software provided by United States Wholesale in connection with any of the foregoing (collectively, ” United States Wholesale Services”). United States Wholesale provides the United States Wholesale Services subject to the following terms.

By using United States Wholesale WEBSITE AND Services, you agree to these terms. 

Please read them carefully.

PRIVACY

By using the United States Wholesale Services you understand and agree to our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use United States Wholesale Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other United States Wholesale Services, such as our Support Ticket systems, Live Chat, and you can retain copies of these communications for your records. 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. If you no longer wish to receive text messages, you may opt out at any time by replying “STOP”.

COPYRIGHT

All content included in or made available through any United States Wholesale Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of United States Wholesale or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any United States Wholesale Service is the exclusive property of United States Wholesale and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any United States Wholesale Service are trademarks or trade dress of United States Wholesale in the U.S. and other countries. United States Wholesale’s trademarks and trade dress may not be used in connection with any product or service that is not United States Wholesale’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits United States Wholesale. All other trademarks not owned by United States Wholesale that appear in any United States Wholesale Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by United States Wholesale.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, United States Wholesale or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the United States Wholesale Services. This license does not include any resale or commercial use of any United States Wholesale Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any United States Wholesale Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by United States Wholesale or its licensors, suppliers, publishers, rightsholders, or other content providers. No United States Wholesale Service, nor any part of any United States Wholesale Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of United States Wholesale. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of United States Wholesale without express written consent. You may not use any meta tags or any other “hidden text” utilizing United States Wholesale’s name or trademarks without the express written consent of United States Wholesale. You may not misuse the United States Wholesale Services. You may use the United States Wholesale Services only as permitted by law. The licenses granted by United States Wholesale terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT

You may need your own United States Wholesale account to use certain United States Wholesale Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account, including but not limited to cover past due fees and any costs that may arise from disputes. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. United States Wholesale does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. All adult listings on United States Wholesale are intended for adults only. You must be at least 21 years of age to purchase any adult items or use any site functionality related to adult products. United States Wholesale reserves the right to refuse service, terminate accounts, terminate your rights to use United States Wholesale Services, remove or edit content, or cancel orders in its sole discretion and reserve the right to withhold funds from accounts that violate these terms.

SALES TAX EXEMPTION

For Vendors: By using the United States Wholesale Services and Website you agree that all products you are offering for sale on United States Wholesale Services are strictly sold for the purpose of reselling and cannot be sold directly to consumers. Therefore making the sales not subject to sales tax.

For Buyers: By using the United States Wholesale Services and Website you agree that all purchases you complete on the United States Wholesale Services are strictly purchased for the sole purpose of reselling and not for personal use. Therefore making the sales not subject to sales tax. Buyers will be requested to provide their Tax ID information via our Buyer Sales Tax Exemption Verification Form within 60 days of creating an account.

Any violations of this term may result in potential tax liabilities within your State. United States Wholesale Inc. takes no responsibility and assumes no liability for Vendors or Buyers that are not legally allowed tax exemptions for purchases or sales of items for the sole purpose of reselling.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. United States Wholesale reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant United States Wholesale a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant United States Wholesale and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify United States Wholesale for all claims resulting from content you supply. United States Wholesale has the right but not the obligation to monitor and edit or remove any activity or content. United States Wholesale takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from United States Wholesale are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

PAYMENTS

By using the United States Wholesale Services you understand and agree to our Payment Terms.

SHIPPING

By using the United States Wholesale Services you understand and agree to our Shipping Policy.

PRODUCT LISTING POLICY

By using the United States Wholesale Services you understand and agree to our Product Listing Policy.

RETURNS & REFUNDS

Most items sold on unitedstateswholesale.com can be returned within 30 days of receipt of the return shipment. Some products and/or Vendors might have different policies or requirements associated with them. Items that are not eligible for returns or refunds will have a visible statement available on the product page.

When you order from a third-party Vendor that fulfills and ships its own inventory, your return is sent back to the Vendor and not United States Wholesale Inc. While many third-party Vendors offer the default policy provided by United States Wholesale Inc. Vendors have the option to adjust and provide their own customized returns policy and they may vary between Vendors. You can view the return policy of the Vendor before you complete a purchase by reviewing the “RMA Policy” section that is posted on all Product Pages. All items that are non-returnable will be clearly stated “No Returns or Refunds” above the “Add to Cart” button on the Product Page. To view the Vendor’s return policy after you have completed your order, you can click the “Request Return/Refund” link in Your Orders section that is located on My Account page.

Unless it is clearly stated at the time of purchase that the third-party Vendor does not accept returns, and if the return request is made within the advertised return window, the Vendor must either a) provide a return address within the United States; or b) provide a prepaid return label; or c) offer a full refund without requesting the items be returned. If the Vendor does not offer any of these methods to return your items or is unresponsive, you may escalate the issue by contacting our Customer Service to assist you to have the issue resolved. Failure by the Vendor to comply with these terms is subject to account suspension.

If the items the buyer is returning are valued at $100 or more, it is recommended that the buyer purchases shipment insurance for the value of the merchandise and ship the return with a signature shipping service. The buyer is 100% responsible for the return until it has been delivered to the vendor. Also, the buyer should make sure to return the items to the third-party Vendor using a trackable shipping service. If a return does not get delivered to the vendor, and the buyer did not use a trackable shipping method, or if the buyer refuses to pay for the return shipment, we may not be able to assist you with receiving a refund.

Third-party Vendors on unitedstateswholesale.com do not take title to the returned items until the item arrives at their warehouse. At the discretion of United States Wholesale Inc., a refund may or may not be issued.

In most cases, the buyer is responsible for the return postage.

By using the United States Wholesale Services you understand and agree to our Returns & Refunds Policy.

U.S. MANUFACTURER POLICY

Vendors that are U.S. manufacturers have to adhere to all other terms on the United States Wholesale website with a few exceptions.

The exceptions are as follows. 

U.S. manufacturers are not required:

  • to have the items in stock
  • to ship items within 1-3 business days if they do not have the items in stock
  • to accept returns for orders that had to be manufactured to fulfill an order
  • to accept an order cancellation request from the buyer

U.S. manufacturers are required:

  • to apply and be verified by United States Wholesale Inc. that they are a U.S. manufacturer
  • to only sell their own products that they manufacture within the United States (violation of this policy will result in permanent suspension of the Vendor account and all open orders will be refunded to the buyer)
  • to clearly state on the product listing if they have the items in stock or if they need to be manufactured

U.S. manufacturers are allowed:

  • to list products that are not in stock
  • to accept orders for products that are not in stock
  • to manufacture products after the order has been received 
  • up to 30 days of lead time to manufacture and ship the products after the order was received

U.S manufacturer vendors are responsible for making all relevant information available on the product listing.

Buyers are responsible to read the product descriptions to be well aware if the products they are purchasing are in stock or have to be manufactured.

PRODUCT DESCRIPTIONS

United States Wholesale and its vendors attempt to be as accurate as possible. However, United States Wholesale does not warrant that product descriptions or other content of any United States Wholesale Service is accurate, complete, reliable, current, or error-free. If a product offered on United States Wholesale is not as described, the vendor must be contacted, and to receive a refund, your sole remedy is to return the order in unused condition.

For more information about returns and refunds, please read our Returns & Refunds Policy and Payment Terms.

PRICING

“Price” means the suggested wholesale price of a product as provided by a manufacturer, supplier, or vendor. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on United States Wholesale.

With respect to items sold by United States Wholesale, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by United States Wholesale is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other vendors may follow different policies in the event of a mispriced item.

SANCTIONS AND EXPORT POLICY

You may not use any United States Wholesale Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using United States Wholesale Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

OTHER BUSINESSES

Parties other than United States Wholesale operate stores, provide services or software, or sell product lines through the United States Wholesale Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from United States Wholesale. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). United States Wholesale does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE UNITED STATES WHOLESALE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNITED STATES WHOLESALE SERVICES ARE PROVIDED BY UNITED STATES WHOLESALE ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. UNITED STATES WHOLESALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UNITED STATES WHOLESALE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNITED STATES WHOLESALE SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UNITED STATES WHOLESALE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, UNITED STATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNITED STATES WHOLESALE DOES NOT WARRANT THAT THE UNITED STATES WHOLESALE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNITED STATES WHOLESALE SERVICES, UNITED STATES WHOLESALE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM UNITED STATES WHOLESALE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, UNITED STATES WHOLESALE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY UNITED STATES WHOLESALE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY UNITED STATES WHOLESALE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT WILL UNITED STATES WHOLESALE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE AUTHORIZED PAYMENT COLLECTION AGENT OF VENDOR, UNITED STATES WHOLESALE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF VENDOR.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with United States Wholesale, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

DISPUTES

Any dispute or claim relating in any way to your use of any United States Wholesale Service, or to any products or services sold or distributed by United States Wholesale or through United States Wholesale.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Legalinc Registered Agents, Inc., Four Embarcadero Center, Suite 1400 #85 San Francisco, CA 94111. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, United States Wholesale will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or another misuse of intellectual property rights.

APPLICABLE LAW

By using any United States Wholesale Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and United States Wholesale.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, Payment Terms, Return & Refunds Policy posted on this site. These policies also govern your use of United States Wholesale Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

OUR ADDRESS

United States Wholesale Inc.

1240 E Plaza Blvd Ste 604, # 102

National City CA 91950

https://unitedstateswholesale.com

ADDITIONAL UNITED STATES WHOLESALE SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with United States Wholesale Services (the ” United States Wholesale Software”).

  1. Use of the United States Wholesale Software. You may use United States Wholesale Software solely for purposes of enabling you to use the United States Wholesale Services as provided by United States Wholesale, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the United States Wholesale Software into other programs or compile any portion of it in combination with other programs, or otherwise, copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the United States Wholesale Software in whole or in part. All software used in any United States Wholesale Service is the property of United States Wholesale or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the United States Wholesale Software, you may also be using the services of one or more third parties, such as a Payment Service Provider or a Website Analytics provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the United States Wholesale Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the United States Wholesale Software at any time and without notice to you.
  5. Promotional Accounts – If you receive a “Forever-Free First 50 Vendor Account”, you are required to add your products to the marketplace within 30 days of the announced launch date. Failure to comply may result in the termination of your free membership without notice.
  6. Government End Users. If you are a U.S. Government end-user, we are licensing the United States Wholesale Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the United States Wholesale Software are the same as the rights we grant to all others under these Terms of Use.
  7. Conflicts. In the event of any conflict between these Terms of Use and any other United States Wholesale or third-party terms applicable to any portion of United States Wholesale Software, such as open-source license terms, such other terms will control as to that portion of the United States Wholesale Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

United States Wholesale accepts service of subpoenas or other legal processes only through United States Wholesale’s national registered agent, Legalinc Registered Agents, Inc. Subpoenas or other legal processes may be served by sending them to Legalinc Registered Agents, Inc. at the following address:

United States Wholesale Inc.

Legalinc Registered Agents, Inc. 

Four Embarcadero Center

Suite 1400 #85 

San Francisco, CA 94111

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint to our Customer Support at info@unitedstateswholesale.com. This complaint may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our customer support. You may submit written claims of copyright, trademark, and patent claims infringement to our Intellectual Property Agent at:

Intellectual Property Agent

United States Wholesale Inc. Legal Dept.

1240 E Plaza Blvd Ste 604, # 102

National City CA 91950

USA

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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