Wholesale Software - Wholesale Advantage - Terms and Conditions
WA and its manufacturer provide their services to you subject to the following conditions. By visiting, browsing, shopping, accessing or otherwise using the site you agree to this User Agreement, and all of its terms and conditions. By visiting, browsing, shopping, accessing or otherwise using the site after a change has been posted to the site, the customer accepts that change. Customers should check this User Agreement frequently.
The following activity on the site is expressly prohibited: Any non-personal or commercial use of any automatic device, or manual process to monitor or copy portions of the site or the content contained herein without prior written permission by WA; collection or use of any product listings, descriptions, or prices, from the site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the site, or otherwise interferes with its proper and timely functioning. WA does not review or control third-party sites that link to or from the site, and is not responsible for the contents of any third-party sites linked to or from the site.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Limitation Of Liability
WA, including, but not limited to, negligence, shall not be liable for any loss of property, profit, or personal harm, due to the use or inability to use, the merchandise on this site.
License and Site Access
WA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WA. 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 WA and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing WA name or trademarks without the express written consent of WA. Any unauthorized use terminates the permission or license granted by WA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WA so long as the link does not portray WA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WA logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use WA only with involvement of a parent or guardian. WA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, and other content; and 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, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. WA 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 WA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WA and its affiliates 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 WA or its affiliates for all claims resulting from content you supply. WA has the right but not the obligation to monitor and edit or remove any activity or content. WA takes no responsibility and assumes no liability for any content posted by you or any third party.
WA and its affiliates attempt to be as accurate as possible. However, WA does not warrant that product descriptions or other content of this site is complete, current, or error-free. If a product offered by WA itself is not as described, your sole remedy is to return it in unused condition.
Parties other than WA provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. WA 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 conditions of use.
Disclaimer of Warranties and Limitation of Liability
This site is provided by WA on an "as is" and "as available" basis. WA makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, WA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WA does not warrant that this site, its servers, or e-mail sent from WA are free of viruses or other harmful components. WA will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting WA, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WA or its affiliates.
Any dispute relating in any way to your visit to WA or to products you purchase through WA shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate WA intellectual property rights, WA may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Safe Shopping Guarantee
The WA Safe Shopping Guarantee protects you while you shop, so that you never have to worry about credit card safety. We guarantee that every transaction you make at WA will be safe, but are not liable.
1) Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges.
2) In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
3) We are not liable for any incidental or consequential damages you may incur in connection with the unauthorized charges that your bank may require you to pay because you failed to comply with the bank's rules and procedures concerning the unauthorized charge.
All prices are subject to change. For all prices, products and offers, WA reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Disagreement of Terms and Conditions of Use