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These terms and conditions regarding your use of www.lotsofwholesale.com
constitute a legally binding agreement between you and Lotsofwholesale.com
("Lotsofwholesale.com, "we", "us" or "our").
Lotsofwholesale.com is offered and made available for private use. If you
do not agree with our terms and conditions for any reason, please discontinue
use immediately. By using or attempting to use Lotsofwholesale.com, you are
agreeing to be legally bound by this agreement.
The words "use" or "using" in this agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with use, display, view, print or copy from
www.lotsofwholesale.com, transmit, receive or exchange data or communicate with
www.lotsofwholesale.com, or in any way utilizes, benefits, takes advantage of or
interacts with any function, service or feature of www.lotsofwholesale.com, for
any purpose whatsoever. This agreement does not cover your rights or
responsibilities with respect to third party content or sites or any links that
may direct your browser or your connection to third party sites or pages. This
is the entire and exclusive agreement between you and us regarding use of
www.lotsofwholesale.com and it cannot be modified, except as specifically
described below in Section 2.
1. REGISTRATION
We require each buyer to have a user name and password combination in order to
use the features and functions of www.lotsofwholesale.com and we may, from time
to time, also provide buyers with additional codes or passwords necessary to
perform additional functions on www.lotsofwholesale.com. Please read our Privacy
Statement, which describes how we collect and use your personal information. You
will then choose a user name and password (or we may assign an initial password
which we will give you the option to change). Your user name and password are
personal to you and you may not allow any others to use your user name or
password under any circumstances. We are not liable for any harm caused or
related to the theft or misappropriation of your user name or password,
disclosure of your user name or password, or your authorization of anyone else
to use your user name or password. You agree to immediately notify us if you
become aware of or believe there is or may have been any unauthorized use of (or
activity using) your user name or password or any other need to deactivate your
user name or password due to security concerns. During registration (and
possibly at certain other times to enable your use of other features or
functions or for security purposes), you will be required to register and
provide us with certain information about you ("User Information"), in order for
us to allow you to use the features and functions of www.lotsofwholesale.com,
electronic mail services, messaging services, auctions, shopping, registration.
It is your responsibility to give us current, complete, truthful and accurate
information and to keep the information that you provide to us up to date. We
cannot and will not be responsible for any problems or liability that may arise
if you do not give us accurate, truthful or complete information or you fail to
update the information you give us. Please read our Privacy Statement, which
describes how Lotsofwholesale.com collects and uses your personal information.
You are solely responsible for maintaining the strict confidentiality of your
user name and password and for any charges, costs, expenses, damages,
liabilities and losses we incur or may suffer as a result of your failure to do
so. You, and not us, are solely responsible and liable for your activity,
behavior, use and conduct on www.lotsofwholesale.com and for any use of
www.lotsofwholesale.com or any other activity or conduct in connection with
www.lotsofwholesale.com, by any others who use your user name or password,
unless and until you notify us that your user name or password may have been
compromised, misappropriated or improperly taken or used by another party. We
have the right to disclose your User Information to third parties for the
purpose of administering and maintaining services on www.lotsofwholesale.com. We
respect the privacy of the contents of users' e-mail and messages; however, we
reserve the right to monitor, edit or disclose any information about your use of
the services on www.lotsofwholesale.com and/or such contents, if we believe such
action is required by law or is necessary to protect and defend our rights, to
enforce this agreement, or to protect the interests of our members and others.
The amount of order storage space per user is limited. Some orders may not be
processed due to space constraints or limitations. We assume no responsibility
for deletion of orders.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this agreement. We will post or display
notices of changes on www.lotsofwholesale.com and we may also e-mail you about
these changes. Once we post them on www.lotsofwholesale.com, these changes
become effective immediately and if you use www.lotsofwholesale.com after they
become effective it will signify your agreement to be bound by the changes. You
should check back frequently and review the terms and conditions of this
agreement regularly so you are aware of the most current rights and obligations
that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, artwork,
graphic material, database, proprietary information and all copyrightable or
otherwise legally protectible elements of www.lotsofwholesale.com, including,
without limitation, the selection, sequence and 'look and feel' and arrangement
of items, and all trademarks, service marks and trade names (individually and/or
collectively, "Material"), are the property of lotsofwholesale.com, its
subsidiaries, affiliates, licensors or suppliers and are legally protected,
without limitation, under U.S. Federal and State, as well as applicable foreign,
laws, regulations and treaties. Unless the context clearly requires otherwise or
we explicitly say so in writing, the term "Site" includes "Material" as well.
www.lotsofwholesale.com is to be used solely as an online catalog for wholesale
buying. You must not alter, delete or conceal any copyright or other notices
contained on www.lotsofwholesale.com, including notices on any Material you
download, transmit, print or reproduce from www.lotsofwholesale.com. You shall
not reproduce, modify, create derivative works from, display, perform, publish,
distribute, disseminate, broker, broadcast or circulate to any third party
(including, without limitation, on or via a third party web site), or otherwise
use, any Material without the express prior written consent of
Lotsofwholesale.com or its owner if Lotsofwholesale.com is not the owner. Any
unauthorized or prohibited use of any Material, may subject you to civil
liability or criminal prosecution, or both, under applicable federal and state
laws. We require users to respect our copyrights and other intellectual property
rights. On notice, we will act expeditiously to remove content on
www.lotsofwholesale.com that infringes the copyright rights of others and will
disable the access to www.lotsofwholesale.com and its services of anyone who
uses them to repeatedly infringe the intellectual property rights of others. If
you believe that www.lotsofwholesale.com contains elements that infringe your
copyrights in your work, please e-mail us at once.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (e.g., advertisers) as a result of
your use of www.lotsofwholesale.com. All such communication, interaction and
participation is strictly and solely between you and such third party and we
shall not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist
between you and the third party or any goods or services you may purchase or
obtain from any third party).
5. RULES OF CONDUCT
Your use of www.lotsofwholesale.com is subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts and omissions that occur in,
from, through or under your user name or password. You shall not use, allow
enable others to use www.lotsofwholesale.com, or knowingly condone use of this
Site by others, in any manner that is, attempts to, or is likely to:
- be, libelous, defamatory, indecent, vulgar or
obscene, pornographic, sexually explicit or sexually, racially, culturally,
ethnically offensive, harmful, harassing, intimidating, threatening, hateful,
objectionable, discriminatory or abusive or which may or may appear to,
impersonate anyone else;
- affect us adversely or reflect negatively on us,
www.lotsofwholesale.com, our goodwill, name or reputation or cause duress,
distress or discomfort to us or anyone else, or discourage any person, firm or
enterprise from using all or any portion, features or functions of
www.lotsofwholesale.com, or from advertising, linking or becoming a supplier
to us in connection with www.lotsofwholesale.com;
- send or result in the transmission of junk e-mail,
chain letters, duplicative or unsolicited messages, or so-called "spamming";
- transmit, distribute or upload programs or material
that contain malicious code, such as viruses, timebombs, cancelbots, worms,
trojan horses or other potentially harmful programs or other material or
information;
- violate any laws, regulations (including, without
limitation, laws regarding the transmission of technical data or software
exported from the United States), judicial or governmental order, any treaties
or violate or infringe upon any intellectual property rights, rights of
publicity or privacy, or any other rights of ours or of any other person, firm
or enterprise; gain unauthorized access to www.lotsofwholesale.com, other
users\' accounts, names, passwords, User Information or other computers, web
sites or pages, connected or linked to www.lotsofwholesale.com or to use
www.lotsofwholesale.com in any manner which violates or is inconsistent with
the terms and conditions of this agreement;
- modify, disrupt, impair, alter or interfere with the
use, features, functions, operation or maintenance of www.lotsofwholesale.com
or the rights or use and enjoyment of www.lotsofwholesale.com by any other
person, firm or enterprise; or
- collect, obtain, compile, gather, transmit,
reproduce, view or display any information, whether personally identifiable or
not, concerning any other person, firm or enterprise, in connection with their
or your use of www.lotsofwholesale.com, unless you have obtained the express,
prior permission of such other person, firm or enterprise to do so.
6. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE WWW.LOTSOFWHOLESALE.COM
WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR
OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
LOTSOFWHOLESALE.COM ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS
SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN
CONNECTION WITH OR ARISING FROM USE OF WWW.LOTSOFWHOLESALE.COM OR FROM THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
7. SHOPPING/ RESALE
All products on www.lotsofwholesale.com is brought to you while supplies last.
We have no responsibility or liability whatsoever for goods or services you may
obtain from or through our website, other web sites, web pages, or online
auction sites. Nor are we responsible for assisting you in correcting any
problems you may experience with the sale of our items on ebay and with the ebay
vero program.
If a Product is listed at an incorrect price or with incorrect information, we
reserve the right to refuse or cancel orders placed for that Product, whether or
not the order has been confirmed and even if your account has been charged (in
which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify
acceptance of your order, nor constitute a binding confirmation of an offer to
sell any Product and we reserve the right to accept or decline your order for
any reason up until the time the Product is actually delivered to you. We
reserve the right at any time, without prior notice, to limit or reduce the
quantity you ordered of any Product and we will notify you if we do so.. We
reserve the right to refuse, cancel or seek the return of any Products that are
purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of products and
applicable taxes will be added to the amount charged for products purchased on
www.lotsofwholesale.com.
If an order consists of multiple items, they may be shipped separately depending
on availability.
8. INDEMNIFICATION
You agree to indemnify, defend and hold LOTSOFWHOLESALE.COM, its subsidiaries
and affiliates, and their respective officers, directors, employees, agents,
licensors, representatives and suppliers, harmless from and against any and all
claims, actions, losses, expenses, damages and costs (including reasonable
attorneys' fees), resulting from any breach or violation of this agreement by
you. LOTSOFWHOLESALE.COM reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with
LOTSOFWHOLESALE.COM in the defense of any such claim, action, settlement or
compromise negotiations, as requested by LOTSOFWHOLESALE.COM.
9. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
www.lotsofwholesale.com is operated in the United States. This agreement,
together with our Privacy Statement and any other rules, regulations, procedures
and policies which we refer to and which are hereby incorporated by reference,
contains the entire understanding and agreement between you and
LOTSOFWHOLESALE.COM and supersedes any and all prior or inconsistent
understandings relating to www.lotsofwholesale.com and your use of
www.lotsofwholesale.com. This agreement cannot be changed or terminated orally.
If any provision of this agreement is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and the agreement will
be deemed amended to the extent necessary to make it legal, valid and
enforceable. Any provision which must survive in order to allow us to enforce
its meaning shall survive the termination of this Agreement; however, no action
arising out of this Agreement or your use of www.lotsofwholesale.com, regardless
of form or the basis of the claim, may be brought by you more than one (1) year
after the cause of action has arisen (or if multiple causes, from the date the
first such cause arose). This agreement and your use of www.lotsofwholesale.com
is governed by, construed and enforced in accordance with the internal
substantive international internet laws.
10. POSSESSION OF GOODS
LotsofWholesale.com is a broker company that works with suppliers. LotsofWholesale.com does not sell
these goods nor do we hold them in our possession. We only promote and advertise on behalf of the supplier and sell and showcase
what they state the products to be described as. LotsofWholesale.com is in no way
affiliated or connected to the brand names on this site or the suppliers
of these products. We are only advertising for our suppliers and brokering the shipment of
goods to the client and we solely provide you this SERVICE. Thus,
LotsofWholesale.com works with many suppliers around the world and connects YOU,
the buyer, to the supplier as we are a site of connection and mutual
exchange.
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