| When
you ("You" or "User")
use this Internet web site (or any
co-branded versions of this web
site) ("Site"), You agree
to the following terms and conditions
(the "Use Agreement").Merchants
Media ("WholesaleEZ.com"
or "We") may revise these
terms from time to time, at our
sole discretion, by updating this
posting. Unless otherwise provided
below, the revised terms will take
effect when they are posted. BY
CONTINUING TO USE THE SITE, YOU
ARE INDICATING YOUR AGREEMENT TO
THE TERMS OF THIS USE AGREEMENT
AND ALL REVISIONS THEREOF. Our
services are available only to
individuals who can form legally
binding contracts under applicable
law. You may use this site and
the services available here Free
of charge.
The Site is Evolving We may modify
or discontinue this Site and the
services available at it without
notice or liability to You. WholesaleEZ.com
is a Venue and a Finder.
The Site functions as a venue
to connect buyers and Wholesalers
in a virtual marketplace. As a
neutral facilitator, WholesaleEZ.com
is not directly involved in the
actual transactions between users
of the Site. As a result, WholesaleEZ.com
has no control over the truth,
accuracy, quality, legality, or
safety of postings made by users.
Because verifying the identity
of a user on the Internet is difficult,
WholesaleEZ.com cannot and does
not confirm the identity of users.
WholesaleEZ.com also does not
confirm nor verify the qualifications,
background, or abilities of users.
Therefore, We recommend that You
be careful and exercise common
sense and good judgment when dealing
with any User on the Site. WholesaleEZ.com
Wholesalers and buyers are responsible
for meeting payroll, tax and legal
requirements for any legal entity.
WholesaleEZ.com
provides a directory of Wholesalers
The Site contains a directory
of Wholesalers.The directory is
populated with information from
various private sources and from
subscribing Wholesalers themselves.
WholesaleEZ.com provides this
directory as a service convenience
and does not confirm the information
within it. Consequently WholesaleEZ.com
does not guarantee the truth,
accuracy, quality, legality, or
safety of the directory entries.
While WholesaleEZ.com may make
available to Users a voluntary
third party verification service,
WholesaleEZ.com does not confirm
or verify the qualifications,
background, abilities, or availability
of the Wholesalers listed. Therefore,
We recommend that You be careful
and exercise common sense and
good judgment when dealing with
any service provider listed on
the Site. You agree not to hold
WholesaleEZ.com liable for any
loss or damage of any sort incurred
as the result of use of any information
contained within the directory
or as the result of the presence
of such information on the Site.
Your Relationship with Merchants,
Advertisers, and Users . Your
correspondence with merchants,
advertisers, or users on the Site,
including the development and
delivery of related goods or services,
and any other terms, conditions,
warranties or representations
associated with such dealings,
are solely between You and such
merchant, advertiser, or user.
You agree not to hold WholesaleEZ.com
liable for any loss or damage
of any sort incurred as the result
of any such dealings or as the
result of the presence of such
merchants, advertisers, or users
on the Site.
WholesaleEZ.com
Fees
WholesaleEZ.com provides no guarantees
in sales, any particular specific
number of leads, top rankings,
minimum number of potential visitors
to WholesaleEZ.com, any number
of potential clients that would
be informed outside of WholesaleEZ.com,
or any increased sales because
of any verification status to
Providers. No refunds of fees
already paid will be given. There
will be no exceptions to this.
Provide
Accurate Information
You agree to provide true, accurate
and complete information as prompted
by the registration form, and
maintain and update such information
to maintain its truth, accuracy
and completeness. Whenever You
post any information on or to
the Site (including but not limited
to posting a request for services,
bidding on a posted project, and/or
posting your profile), You agree
to provide true, accurate and
complete information. WholesaleEZ.com
reserves the right to terminate
Your account upon the discovery
that the information You provided
or posted is not complete or accurate.
User
Obligations
You agree NOT to do any of the
following while using the Site:
1. Violate any applicable law
or regulation;
2. Access, tamper with or use
non-public or non-authorized areas
of the Site. Unauthorized individuals
attempting to access these areas
of the Site may be subject to
prosecution;
3. Tamper with postings of other
users;
4. Post logos, seals or slogans
from third parties on any part
of the Site unless they are provided
by WholesaleEZ.com or an WholesaleEZ.com
partner;
5. Solicit or gather any user's
information available from the
Site, such as other users' names
and email addresses, for any commercial
or business purposes or to transmit
any unsolicited advertising, "junk
mail", "spam" or
"chain letters;
6. Do anything which would create
or impose an unreasonable or disproportionately
large burden or load on the Site;
7. Frame or link to the Site
except as permitted in writing
by WholesaleEZ.com;
8. Impersonate or misrepresent
Your affiliation with any person
or entity.
9. Post false or misleading information
about a product, service or service
request;
10. Post or transmit any Content
that infringes a third party's
intellectual property rights or
rights of publicity or privacy;
11. Post or transmit any Content
that is unlawful, untrue, fraudulent,
harassing, libelous, defamatory,
abusive, tortious, threatening,
pornographic, harmful (including
but not limited to viruses, corrupted
files, or any other similar software
or programs), overly disparaging
or deprecating of WholesaleEZ.com
or other users or otherwise objectionable;
12. Fail to respond to an email
from WholesaleEZ.com regarding
violation, dispute or complaint
We may cancel your account and
block your IP. If We reasonably
believe that You have violated
or acted inconsistently with the
letter or spirit of this Use Agreement,
or violated our rights or those
of another party. WholesaleEZ.com
reserves the right to terminate
any user for any reason, at its
sole discretion.
Reproduction
This Site or any portion of this
Site may not be reproduced, duplicated,
copied, sold, resold, or otherwise
exploited for any commercial purpose
that is not expressly permitted
by WholesaleEZ.com. WholesaleEZ.com
and its affiliates reserve the
right to refuse service, terminate
accounts, and/or cancel service
requests or memberships in its
discretion, including, without
limitation, if WholesaleEZ.com
believes that a User's conduct
violates applicable law or is
harmful to the interests of WholesaleEZ.com
and its affiliates.
Intellectual
Property Policy
WholesaleEZ.com respects the
intellectual property of others
and expects our account holders
to do the same. At our discretion
and in appropriate circumstances,
WholesaleEZ.com may terminate
the accounts of users who infringe
upon the intellectual property
rights of others.
Links
The Site may contain links to
other web sites or resources.
You acknowledge and agree that
WholesaleEZ.com is not responsible
or liable for (i) the availability
or accuracy of such sites or resources,
or (ii) the content, advertising,
or products on or available from
such sites or resources. The inclusion
of any link on the Site does not
imply that We endorse the linked
site. You use the links at Your
own risk.
Limitation
of Liability
NEITHER WholesaleEZ.com NOR ANY
OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE
(INCLUDING, BUT NOT LIMITED TO,
THIRD PARTY APPLICATIONS AND SITE
CONTENT) SHALL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR INDIRECT DAMAGES RESULTING
FROM YOUR ACCESS TO, OR USE OF,
OR INABILITY TO USE THE SITE AND
THE SITE CONTENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE
KNOW OF THE POSSIBILITY OF SUCH
DAMAGE. IN NO EVENT SHALL WholesaleEZ.com'S
LIABILITY TO YOU OR ANY THIRD
PARTY ARISING OUT OF ANY USE OF
THIS SITE EXCEED $10,000.00. Because
some jurisdictions do not allow
the exclusion or limitation of
liability for consequential or
incidental damages, the above
limitation or exclusion may not
apply to You.
WholesaleEZ.com is not responsible
for any liability related to the
completion, timeliness, adequacy,
and/or payment for services listed
on our Site. Any questions, complaints
or claims related to the completion,
timeliness, adequacy, and/or payment
for services should be directed
to the appropriate service provider.
If Your use of the Site results
in the need for servicing or replacing
property, material, equipment
or data, We are not responsible
for those costs.
Errors
and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK.
We endeavor to provide a convenient
and functional Site, but We do
not guarantee that it will be
error free or that the Site or
the server that operates it are
free of viruses or other harmful
components. We urge You to keep
backup copies of material You
maintain on or use with the Site.
As mentioned above, We remind
You to be careful in Your dealings
with other users. Without limiting
the foregoing, EVERYTHING ON THE
SITE (INCLUDING, BUT NOT LIMITED
TO, THIRD PARTY APPLICATIONS AND
SITE CONTENT) IS PROVIDED TO YOU
"AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR CONDITIONS OF TITLE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions
may not allow the exclusion of
implied warranties, so some of
the above exclusions may not apply
to You.
WholesaleEZ.com MAKES NO WARRANTY
THAT THE SITE (INCLUDING, BUT
NOT LIMITED TO, THIRD PARTY APPLICATIONS
AND SITE CONTENT) WILL MEET USER'S
REQUIREMENTS, OR THAT THE SITE
WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES
WholesaleEZ.com MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE SITE OR AS TO
THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH
THE SITE. WholesaleEZ.com MAKES
NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SITE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER
FROM WholesaleEZ.com OR THROUGH
THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify,
and hold harmless WholesaleEZ.com,
its officers, directors, employees,
agents and partners, from and
against any claims, actions or
demands, including without limitation
reasonable legal and accounting
fees, made by any third party
due to or resulting from Your
use of the Site or the Site Content,
including without limitation claims
against WholesaleEZ.com for unsatisfactory
performance of services listed
on the Site, or Your violation
of this Use Agreement.
General
Provisions
You are responsible for compliance
with applicable local laws, keeping
in mind that access to the Site
Content may not be legal by certain
persons or in certain countries.
If any part of this Use Agreement
is held to be unenforceable, the
unenforceable part shall be given
effect to the greatest extent
possible and the remainder will
remain in full force and effect.
This Use Agreement is personal
to You and You may not transfer,
assign or delegate this Use Agreement
to anyone without the express
written permission of WholesaleEZ.com.
Any attempt by You to assign,
transfer or delegate this Use
Agreement without the express
written permission of WholesaleEZ.com
shall be null and void. This Use
Agreement and any registration
for or subsequent use of the Site
will not be construed as creating
or implying any relationship of
agency, independent contractor,
franchise, partnership, or joint
venture between any User and WholesaleEZ.com.
This Use Agreement will be governed
by the law of Florida, U.S.A.,
without regard to its conflicts
of law provisions. Any dispute
related to this Use Agreement
will be settled in a binding arbitration
under the arbitration rules of
the American Arbitration Association.
Any dispute You may have with
respect to this Site must be commenced
within one year after it arises,
or the cause of action is barred
The paragraph headings in this
Use Agreement, shown in boldface
type, are included to help make
the agreement easier to read and
have no binding effect.
The Use Agreement and the agreements
referenced in this Use Agreement
comprises the entire agreement
between You and WholesaleEZ.com
with respect to the use of the
Site and supersedes all prior
agreements between the parties
regarding the subject matter contained
herein as well as any conflicting
or inconsistent terms in any web
site that links-to or is linked-from
the Site.
We suggest that You print out
a copy of this Use Agreement for
Your records.
Indemnification
You agree to defend, indemnify
and hold harmless WholesaleEZ.com,
its officers, directors, employees
and agents (each an "Indemnified
Party") from and against
any and all losses, damages, and
costs incurred by an Indemnified
Party as a result of any action,
claim, suit or other proceeding
brought by a third party against
such Indemnified Party in connection
with Your use of the Payment Service
or any payment obligations incurred
through use of the Site.
Security
WholesaleEZ.com is committed
to providing You with a safe and
secure e-commerce environment.
If You wish, You may enter Your
credit card number or other sensitive
information using an encrypted
server connection that employs
SSL technology as provided on
the Payment Service pages.
Disputes
Between Buyers and Wholesalers
Any disputes in connection with
services provided by Wholesalers
or payments made by Buyers remain
between such Buyers and Wholesalers.
By using the Payment Service,
You acknowledge that WholesaleEZ.com
will not be a party to any such
dispute or be obligated to take
any action or refrain from taking
any action toward resolving any
such dispute. WholesaleEZ.com
may, at its sole discretion, but
shall not be required to, withhold
or delay payment in the event
of dispute between a Buyer and
a Service Provider.
DISCLAIMER
OF WARRANTY
USE OF THE SITE AND OF THE PAYMENT
SERVICE IS ENTIRELY AT YOUR OWN
RISK AND THE SITE, THE PAYMENT
SERVICE AND ALL PRODUCTS OR SERVICES
OFFERED ON OR THROUGH THE SITE
ARE OFFERED "AS IS"
WITHOUT WARRANTY OR GUARANTEE
OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION:
(A) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY OR
CONTENT OF INFORMATION, PRODUCTS,
SERVICES OR RESULTS; AND (B) ANY
WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION, IN WHICH
CASE, THEY ARE EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
LIMITATION
OF LIABILITY
IN NO EVENT WILL WholesaleEZ.com'S
LIABILITY IN ANY ACTION RELATING
TO OR ARISING FROM THE USE OF
PAYMENT SERVICES EXCEED $25 U.S.
THE EXISTENCE OF MULTIPLE CLAIMS
WILL NOT ENLARGE THIS LIMIT. IN
NO EVENT WILL WholesaleEZ.com
BE LIABLE FOR ANY INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, LOST
SALES, GOODWILL OR PROFITS, ARISING
FROM WHOLESALERS' USE OF THE PAYMENT
SERVICES, WHETHER BASED UPON A
BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHER THEORY OF
LIABILITY, EVEN IF WholesaleEZ.com
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WholesaleEZ.com
WILL NOT BE LIABLE FOR THE COSTS
OF PROCURING SUBSTITUTE GOODS
OR SERVICES. WHOLESALERS AGREE
TO MAKE ALL CLAIMS ARISING OUT
THIS AGREEMENT WITHIN ONE-YEAR
OF THE EVENT LEADING TO LIABILITY
AND HEREBY WAIVE ANY AND ALL CLAIMS
NOT MADE WITHIN SUCH ONE-YEAR
PERIOD. FINALLY, BY USING THIS
WEBSITE YOU AGREE THAT ANY AND
ALL DISPUTES WILL BE FILED IN
THE STATE OF FLORIDA. |