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.
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.
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.
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
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. Prior to being allowed to sell using the United States Wholesale Services, Vendors must provide proof that they are a registered U.S. business entity and provide their Federal Employer Identification Number. This is achieved by completing our “Vendor Complete Account Form”. Vendors are also required to only sell/list products that are physically located within the United States. Violation of selling/listing products that are located outside of the United States, and for shipments that originate from outside the United States, are subject to permanent vendor account suspension. Prior to being allowed to complete purchases using the United States Wholesale Services, Buyers must provide proof that they are a sales tax-exempt entity by completing our “Buyer Complete Account Form”. Both Vendor and Buyer memberships/subscriptions can be cancelled at any time at no extra cost. All Vendor and Buyer membership payments are final and non-refundable. United States Wholesale Inc. 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 to sales-tax exempt entities. Therefore making all 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 not for personal consumption and that you must provide sales-tax exemption documentation prior to making any purchases. 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 these terms 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.
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.
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.
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.
“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.
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.
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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Registered Agents Inc., 1401 21st Street Suite R, Sacramento, CA 95811. 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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”).
- 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.
- Updates. We may offer automatic or manual updates to the United States Wholesale Software at any time and without notice to you.
- Promotional Accounts – If you receive a Free Vendor Account you are required to add your products to the marketplace within 30 days. Failure to comply may result in the termination of your free membership without notice.
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, 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.
Registered Agents Inc.
1401 21st Street Suite R
Sacramento, CA 95811
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 firstname.lastname@example.org. 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
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.