Terms and Conditions | BrandName USA, LLC | LasVegasWholesale.net

 

 

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Terms and Conditions

 

Acceptance of Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND 
DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, you agree to all of these terms of use. Placing an order indicates your acceptance of all terms and policies stated herein. If you do not agree to these terms, you should not use our service. BrandName USA, LLC ("BrandName USA") reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. These Terms of Service will govern your use of BrandNameUSA.com. BY USING ANY OF THE SERVICES AVAILABLE ON THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

Disclaimer
The products, services, information, and materials contained in this website, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, BrandName USA disclaims all representations and warranties, expressed or implied, with respect to such information, products, services, and materials, including, but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealings or course of performance. In addition, BrandName USA does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.

Order Information/Privacy Policy

Any information provided by you or gathered by BrandName USA or third parties during any visit to BrandName USA shall be subject to the terms of the BrandName USA Privacy Policy, which is incorporated herein by reference. BrandName USA reserves the right to offer you third party services and products.

BrandName USA reserves the right to terminate services if BrandName USA learns that you have provided false or misleading order information.

Termination

BrandName USA reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access BrandName USA service(s) provided to you by BrandName USA upon any breach by you of the Terms of Service.

Modifications of these Terms of Service

BrandName USA may modify these Terms of Service from time to time at its sole discretion. Each time you enter the BrandNameUSA.com website, you will be deemed to have accepted any such changes.

Modifications to BrandNameUSA.com

BrandName USA may modify BrandNameUSA.com with or without notice to you and without liability to you or any third party.

Copyright and Trademark Information

 

"Brand Name USA", "BrandName USA", "brandnameusa", "usanamebrand", "namebrandusa", "USA NameBrand", and "NameBrand USA" domain names, logos, trademarks, and servicemarks are properties of BrandName USA, LLC. No part of this website's design, to include the look and feel thereof, no text, graphics and/or images may be duplicated, reproduced or transmitted. Unauthorized use of any and all materials, electronic or printed, constitutes copyright infringement and is punishable to the fullest extent of the law.

Advertising and Third Party Links


This site may contain advertisement links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("External Hyperlinks"). BrandName USA has no control over its advertisers' privacy policies, and encourages users to review such policies prior to submitting any personal information to them. You acknowledge that BrandName USA is not responsible for the availability of, or the content located on or through, any External Hyperlink. BrandName USA has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted. You should contact the site administrator or Webmaster for that External Hyperlink if you have any concerns regarding such links or the content located on such External Hyperlinks.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF BrandName USA IS AT YOUR SOLE RISK. BrandName USA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BrandName USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

BrandName USA MAKES NO WARRANTY THAT BrandName USA SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT BrandName USA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BrandName USA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON BrandName USA. BrandName USA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF BrandName USA.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BrandName USA IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT BrandName USA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. BrandName USA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

BrandName USA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN BrandName USA. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BrandName USA, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BrandName USA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BrandName USA OR ANY TRANSACTIONS ENTERED INTO THROUGH BrandName USA.

BrandName USA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE BrandName USA SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against BrandName USA with respect to such sites.

Limitation of Liability

BrandName USA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE BrandName USA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BrandName USA OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF BrandName USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold each of BrandName USA, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BrandName USA, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflicts of laws provisions. By registering for or entering BrandName USA, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California or Nevada.

Remedies for Breach of these Terms by You

In the event that BrandName USA determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of BrandName USA, BrandName USA reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to BrandName USA; (iii) delete all content provided by you to BrandName USA; (iv) discontinue your subscriptions(s) with BrandName USA; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which BrandName USA deems to be appropriate.

If your subscription(s) with or ability to access BrandName USA and/or any other service provided to you by BrandName USA is discontinued by BrandName USA due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of BrandName USA, then you agree that you shall not attempt to re-register with or access BrandName USA, and/or any other service provided by BrandName USA, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, BrandName USA reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

BrandName USA may assign its rights and obligations under these Terms of Service and upon such assignment BrandName USA may be relieved of any further obligation hereunder.

You represent to BrandName USA that you have the authority to order from or visit BrandName USA according to these Terms of Service. BrandName USA does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to BrandName USA services.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on BrandName USA) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of BrandName USA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

 

 

Terms of Sale


The apparel, materials, Merchandise, and services (collectively the "Merchandise") which are described on the face here of shall be sold to the customer ("Customer") by BrandName USA, LLC, Inc. ("Seller") upon the following terms and conditions of sale.
1. APPLICABILITY: All shipments are made pursuant to these Standard Terms and Conditions of Sale.
2. PRICES AND QUOTATIONS: (a) All prices are F.O.B. Seller's warehouse in Las Vegas, Nevada or such other of Seller's locations as Seller may choose, unless otherwise specified. Except as otherwise provided herein, Seller's prices for the Merchandise shall remain in effect for thirty (30) days from the date of Seller's quotation. (b) All prices quoted by Seller are subject to any addition which may be necessary to cover any taxes or charges or any applicable increase in same hereafter becoming effective, such as, for example, the payment of any applicable sales, use, excise or other taxes, or import duties, documentation charges, freight, insurance, packing charges, or similar costs or charges.
3. PAYMENT TERMS: (a) Subject to approval of Seller's Credit Department, and unless otherwise agreed in writing, terms of payment are net cash thirty (30) days following the date of invoice, in U.S. currency. (b) All payments shall be made to Seller at its offices in Las Vegas, Nevada, or as Seller otherwise directs. (c) If any payment owed to Seller is not paid when due, it shall bear interest, at the maximum rate permitted by law, from the date on which it is due until it is paid. Seller shall have the right, among other remedies, either to terminate the contract or to suspend further deliveries under this and/or other contracts with Customer in the event Customer fails to make any payment hereunder when due. Customer shall be liable for all expenses incurred to collect past due amounts, including attorneys' fees.
4. CANCELLATION: Prior to acceptance of the Merchandise, Customer may terminate its order for any or all of the Merchandise covered by this contract, provided Seller is give n reasonable advance written notice of such termination and subject to payment to Seller of termination charges which shall include all costs and expenses already incurred or commitments made by Seller in connection with the processing, purchasing, handling and fabrication of the Merchandise, and a reasonable profit thereon. Seller's determination of such termination charges shall be conclusive.
5. DELIVERY: (a) Customer shall bear the risk of loss for damage to or destruction of the Merchandise from the earlier of the time that Seller delivers such Merchandise to the carrier or to Customer or Customer's agent. Any claims for loss or damage after risk of loss has passed to Customer shall be filed with the carrier. Customer shall give written notice to Seller of any claim for shortage, error in Merchandise shipped or error in charges within thirty (30) days after receipt of Merchandise or such claim shall be deemed waived. (b) Quoted delivery dates are approximate estimates determined at the time of quotation and are subject to revision at any time. (c) All shipping dates are approximate and are based upon prompt receipt by Seller of all necessary information from Customer to properly process the order. (d) Delivery dates are subject to changes caused by additions to or modification of the original order agreed to by both Seller and Customer. (e) Under no circumstances shall Seller have any liability whatsoever for loss of use for any indirect or consequential damages as a result of delayed delivery.(f) Unless otherwise agreed in writing, Seller shall have the option of partial or complete shipment of the Merchandise.
6. INSTALLATION: All Merchandise shall be installed by and at the expense of the Customer.
7. SERVICES: (a) Services rendered by Seller, whether with or without charge, are only technical or advisory in nature and are merely incidental to the sale of the Merchandise. When any such services are rendered, Customer will retain full responsibility for and full control, custody and supervision of the Merchandise and the installation use or operation thereof, and a representative of Customer shall be present with full authority to direct operations.(b) If Seller furnished or furnishes technical or other advice to Customer whether or not at Customer's request, with respect to Customer's process or Merchandise, such advice shall be made in good faith, and Customer assumes all risk of such advice and the results thereof.
8. LIMITED WARRANTY: (a) Subject to Section 10 and unless otherwise expressly provided herein, Merchandise shall carry only the warranty extended by the original manufacturer. If, within thirty (30) days after Customer's discovery of any warranty defects, Customer notifies Seller thereof in writing, Seller shall, at its option, promptly repair or replace F.O.B. point of manufacture, that portion of the Merchandise found by Seller to be defective. Failure by Customer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Customer's claim for such defects. Merchandise repaired and parts replaced during the warranty period shall be in warranty for the remainder of the original warranty period. This warranty is the only warranty made by Seller and can be amended only by a written instrument signed by an officer of Seller. Subject to this Section 8. and except as otherwise expressly provided in this contract, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, and OR ANY OTHERMATTER WITH RESPECT TO ANY OF THE MERCHANDISE. (b) The above warranty does not apply to (i) any Merchandise which has been modified or subject to improper handling, storage, installation, operation or maintenance; or (ii) repair or replacements necessitated by normal wear and usage or any cause not caused by Seller or; (iii) any item which is a component part of the Merchandise where such item is furnished by Customer. (c) Seller's obligations to repair or replace defective Merchandise constitutes agreed and liquidated damages for any breach of warranty by Seller. Seller shall have the right to inspect any Merchandise claimed to be defective and shall have the right to determine the cause of such claimed defect. All Merchandise replaced or repaired by Seller under its warranty shall be replaced or repaired F.O.B. Seller's warehouse, Las Vegas, Nevada, or such other location as Seller may designate.(d) To the extent that Seller has relied upon any specifications, information, representation of operating conditions or other data supplied in writing by Customer to Seller in the selection or design of the Merchandise and the preparation of Seller's quotation, and in the event that actual operating conditions or other conditions differ from those represented by Customer and relied upon by Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void, unless otherwise mutually agreed upon in writing.
9. PATENTS: Subject to Section 10., Seller warrants that any Merchandise sold pursuant to this contract, or its use as provided below, except as such may be made specifically for Customer according to Customer's specifications, does not infringe any valid U.S. Patent in existence as of the date of delivery. This warranty is given upon condition that Customer promptly notify Seller of any claim or suit involving Customer in which infringement is alleged, and if Seller is affected, that Customer permit Seller to control completely the defense or compromise of any such allegation of infringement. Seller's warranty as to use only applies to infringements arising solely out of the inherent use or operation (i) of such Merchandise, or (ii) of any combination of Merchandise sold hereunder in a manner designed by Seller
10. LIMITATION OF LIABILITY: CUSTOMER'S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND SELLER'S TOTAL LIABILITY FOR ANY AND ALL LOSSES ANDDAMAGES ARISING OUT OF ANY AND ALL CAUSES WHATSOEVER (WHETHER SUCHCAUSE BE BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,OTHER TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED THE PURCHASE PRICEOF THE MERCHANDISE IN RESPECT OF WHICH SUCH CAUSE ARISES OR, AT SELLER'SOPTION, THE REPAIR OR REPLACEMENT OF SUCH MERCHANDISE, AND IN NO EVENTSHALL SELLER BE LIABLE FOR INCIDENTAL CONSEQUENTIAL OR PUNITIVEDAMAGES RESULTING FROM ANY SUCH CAUSE. Seller shall not be liable for, and Customer assumes liability for, all personal injury and property damage connected with the handling of the Merchandise. Neither transportation charges for the return of the Merchandise nor any other costs or charges incurred by Customer will be paid by Seller unless authorized in writing in advance by Seller.
11. EXCUSE OF PERFORMANCE:(a) Deliveries may be suspended by Seller, without liability to Customer or an y other person, in the event of: Act of God, war, riot, fire, explosion, accident, flood, earthquake, natural disaster, sabotage, Merchandise or computer failure; acts, omissions, or failures by Seller's suppliers or other third parties; lack of or delays in obtaining adequate fuel, power, raw materials, components, labor, containers or manufacturing or transportation facilities; compliance with governmental requests, laws, regulations, or order actions; breakage or failure of machinery or apparatus; force majeure; national defense requirements or any other event, whether or not of the class or kind enumerated herein, beyond the reasonable control of Seller; or in the event of labor trouble, strike, lockout or injunction (provided that Seller shall not be required to settle a labor dispute against its own best judgment); which event makes impracticable the manufacture or delivery of a shipment of the Merchandise or of a material or component upon which the manufacture of the Merchandise is dependent. (b) If Seller determines that its ability to supply the total demand for the Merchandise or obtain any or a sufficient quantity of material or component used directly or indirectly, in the manufacture of the Merchandise, is hindered, limited or made impracticable. Seller may allocate its available supply of the Merchandise or such material or component (without obligation to acquire other supplies of any such Merchandise, material, or component) among itself and its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result there from c) Deliveries suspended or not made by reason of this section shall at Seller's option, either be cancelled or the time for delivery shall automatically be extended for a period equal to the suspension period, without liability, but this contract shall otherwise remain unaffected.
12. WAIVERS AND RELEASES: Except as provided in paragraphs 8. and 9. and except for the willful misconduct or gross negligence of Seller, its employees or agents, Customer hereby releases Seller, its employees, agents and “controlling persons" (within the meaning of Section 20(a) of the Securities Exchange Act of 1934, as amended) from all liability, claims, costs, expenses, losses and damages of any and every kind arising out of or resulting, directly or indirectly, from any defect or failure of the Merchandise or any act, omission, error or delay in the performance, or nonperformance of Seller's obligations and duties under this contract. To the extent, if any, that Seller, its employees, agent or "controlling persons" shall have any liability under this contract, Customer's exclusive remedy shall be as set forth in paragraph 10.CUSTOMER WAIVES ALL CLAIMS FOR CONSEQUENTIAL DAMAGES AND ALL CLAIMSREGARDING LOSS OF REVENUE, INCOME, PROFIT AND USE OR DAMAGES,WHETHER SAME BE DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL13. OTHER TERMS AND CONDITIONS:(a) Customer shall not (by operation of law or otherwise) assign its rights or delegate its performance hereunder without the prior written consent of Seller, and any attempted assignment or delegation by Customer without such consent shall be void. (b) This contract shall be governed by and construed in accordance with the laws of the State of Nevada.(c) Seller reserves the right to modify the design of any Merchandise without obligations or notifications, and Seller is not obligated to so modify Merchandise previously or subsequently sold. (d) Should any clause, sentence or part of these Standard Terms and Conditions of Sale beheld invalid, such holding shall in no way affect the validity of the remainder, which shall remain in full effect. Failure to enforce any or all of the Standard Terms and Conditions of Sale in a particular instance or instances shall not constitute a waiver or preclude subsequent enforcement thereof. (e) No action, regardless of form, arising out of transactions under this contract may be brought by either party more than two years after the cause of action has accrued.

 

 

© BrandName USASM LLC. All Rights Reserved.

 

 

BrandNameUSA logos, trademarks, and servicemarks are properties of BrandName USA, LLC. No part of this website's design, to include the look and feel thereof, no text, graphics and/or images may be duplicated, reproduced or transmitted. Unauthorized use of any and all materials from this site constitutes copyright infringement.

 

Terms and Conditions | BrandName USA, LLC | LasVegasWholesale.net

 

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