IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.DROPSHIPUSA.IO OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.dropshipusa.io or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Dropshipusa LLC d/b/a DropshipUSA (“DropshipUSA,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND DROPSHIPUSA. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY DROPSHIPUSA, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The DropshipUSA trademark and logo are proprietary marks of DropshipUSA, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by DropshipUSA.
Subject to your continued strict compliance with these Terms, DropshipUSA provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website or any software provided by DropshipUSA, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to DropshipUSA. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
* HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to DropshipUSA’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of DropshipUSA or any third party;
* “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to DropshipUSAs’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
* OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
* SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to DropshipUSA, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
* ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, DropshipUSA requires you to follow these best practices when sending electronic communications:
* Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
* Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
* Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
* Include in each electronic communication your valid physical mailing address or a link to that information.
* Do not send electronic communications to addresses obtained from purchased or rented lists.
* Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
* Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
* Do not engage in spamming.
* Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
* Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
* Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
* Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
* Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
* Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of DropshipUSA or otherwise.
SECTION 3 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at email@example.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 4 – REFUNDS
IF YOU HAVE PURCHASED A “HARD GOOD” (FOR EXAMPLE, A BOOK OR OTHER TANGIBLE PRODUCT) FROM DROPSHIPUSA OR ANY RELATED BRANDS, YOU MAY RECEIVE A LIMITED REFUND IF YOU COMPLY WITH THE FOLLOWING CONDITIONS (UNLESS OTHERWISE SPECIFIED):
* YOU MUST REQUEST A REFUND IN WRITING BY CONTACTING INFO@DROPSHIPUSA.IO
* YOUR REQUEST FOR A REFUND MUST BE MADE WITHIN THIRTY (30) DAYS OF YOUR PURCHASE;
* YOU MUST RETURN THE HARD GOODS TO DROPSHIPUSA IMMEDIATELY, ACCORDING TO THE SHIPPING AND OTHER INSTRUCTIONS YOU WILL RECEIVE BY EMAIL AFTER REQUESTING A REFUND;
* THE HARD GOODS MUST BE RETURNED TO DROPSHIPUSA IN LIKE-NEW, OR RE-SELLABLE CONDITION, AS DETERMINED IN DROPSHIPUSA’ SOLE, REASONABLE DISCRETION.
-WHEN YOU PURCHASE OUR DROPSHIP WEBSITE SERVICE, YOU HIRE A TEAM OF PEOPLE TO DO 70 HOURS OF LABOR IN LESS THAN 72 HOURS. WE DO NOT OFFER REFUNDS FOR THE CREATION OF DROPSHIP WEBSITES, AS THE LABOR IS PERFORMED AND CANNOT BE RETURNED. BY PURCHASING A SITE FROM US, YOU ACKNOWLEDGE AND AGREE TO THIS. DROPSHIPUSA IS NOT RESPONSIBLE FOR THE SUCCESS OF YOUR BUSINESS, AND WE ARE NOT A MARKETING AGENCY. WE ARE NOT SELLING A COURSE, OR A PROGRAM. WE ARE SELLING DROPSHIP WEBSITES BUILT IN 72 HOURS. WE ARE RESPONSIBLE FOR BUILDING A USA BASED, AUTOMATED DROPSHIP WEBSITE IN WHATEVER NICHE YOU LIKE, IN 72 HOURS OR LESS. THE STANDARD OPERATING PROCEDURES WE PUT IN PLACE FOR OUR PARTNER MARKETING AGENCIES ARE A SUGGESTION OF WHAT MAY LEAD TO A POSITIVE ROI CAMPAIGN, AND COULD BE CONSIDERED BETTER THAN DOING NOTHING AT ALL, BUT THIS IS YOUR BUSINESS. YOU ARE RESPONSIBLE FOR IT'S SUCCESS.
SECTION 5 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
EVERY ONLINE BUSINESS IS DIFFERENT, EMPLOYING DIFFERENT STRATEGIC APPROACHES AND ORGANIZATIONAL STRUCTURES, AND OFFERING DIFFERENT PRODUCTS AND SERVICES. THEREFORE, INDIVIDUAL RESULTS WILL VARY FROM USER TO USER. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
DROPSHIPUSA DOES NOT PROMISE, GUARANTEE, OR WARRANT YOUR BUSINESS’ SUCCESS, INCOME, OR SALES. YOU UNDERSTAND AND ACKNOWLEDGE THAT DROPSHIPUSA WILL NOT AT ANY TIME PROVIDE SALES LEADS OR REFERRALS TO YOU OR YOUR BUSINESS. THOSE BUSINESSES WHO PURCHASE OUR PRODUCTS OR SERVICES WILL RECEIVE ACCESS TO SOFTWARE AND TOOLS TO CREATE DROPSHIP WEBSITES AND OTHERWISE ASSIST WITH THEIR RESPECTIVE ONLINE OFFERINGS. HOWEVER, WE DO NOT GUARANTEE YOUR BUSINESS’ SUCCESS AND BASED UPON MANY MARKET FACTORS THAT WE CANNOT CONTROL, THE SOFTWARE AND TOOLS WE PROVIDE MAY OR MAY NOT BE APPLICABLE TO YOUR SPECIFIC BUSINESS. FURTHER, WE DO NOT MAKE EARNINGS CLAIMS, EFFORTS CLAIMS, RETURN ON INVESTMENT CLAIMS, OR CLAIMS THAT OUR SOFTWARE, TOOLS, OR OTHER OFFERINGS WILL MAKE YOUR BUSINESS ANY SPECIFIC AMOUNT OF MONEY, AND IT IS POSSIBLE THAT YOU WILL NOT EARN YOUR INVESTMENT BACK. WE DO NOT SELL A BUSINESS OPPORTUNITY, “GET RICH QUICK” PROGRAM, GUARANTEED SYSTEM, FRANCHISE SYSTEM, OR A BUSINESS IN A BOX. YOU SHOULD NOT PURCHASE OUR PRODUCTS OR SERVICES IF THAT IS YOUR EXPECTATION. INSTEAD, YOU SHOULD PURCHASE WITH THE UNDERSTANDING THAT USING THE INFORMATION AND SOFTWARE PURCHASED WILL TAKE TIME AND EFFORT AND MAY BE APPLICABLE IN SOME SITUATIONS BUT NOT OTHERS. ALSO, WE DO NOT OFFER ANY TAX, ACCOUNTING, FINANCIAL, OR LEGAL ADVICE. YOU SHOULD CONSULT YOUR BUSINESS’ ACCOUNTANT, ATTORNEY, OR FINANCIAL ADVISOR FOR ADVICE ON THESE TOPICS.
SECTION 6 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
DROPSHIPUSA IS PLEASED TO HEAR FROM USERS AND CUSTOMERS AND WELCOMES YOUR COMMENTS REGARDING OUR SERVICES AND PRODUCTS. DROPSHIPUSA MAY USE TESTIMONIALS AND/OR PRODUCT REVIEWS IN WHOLE OR IN PART TOGETHER WITH THE NAME, CITY, AND STATE OF THE PERSON SUBMITTING IT. TESTIMONIALS MAY BE USED FOR ANY FORM OF ACTIVITY RELATING TO DROPSHIPUSA SERVICES OR PRODUCTS, IN PRINTED AND ONLINE MEDIA, AS DROPSHIPUSA DETERMINES IN ITS SOLE AND EXCLUSIVE DISCRETION. TESTIMONIALS REPRESENT THE UNIQUE EXPERIENCE OF THE PARTICIPANTS AND CUSTOMERS SUBMITTING THE TESTIMONIAL, AND DO NOT NECESSARILY REFLECT THE EXPERIENCE THAT YOU AND YOUR BUSINESS MAY HAVE USING OUR SERVICES OR PRODUCTS. YOUR BUSINESS’ RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS AND MARKET FORCES BEYOND DROPSHIPUSAS’ CONTROL. NOTE THAT TESTIMONIALS, PHOTOGRAPHS, AND OTHER INFORMATION THAT YOU PROVIDE TO US WILL BE TREATED AS NON-CONFIDENTIAL AND NONPROPRIETARY, AND, BY PROVIDING THEM, YOU GRANT DROPSHIPUSA ROYALTY-FREE, WORLDWIDE, PERPETUAL, NON-EXCLUSIVE AND IRREVOCABLE LICENSE TO USE THEM.
ADDITIONALLY, DROPSHIPUSA RESERVES THE RIGHT TO CORRECT GRAMMATICAL AND TYPING ERRORS, TO SHORTEN TESTIMONIALS PRIOR TO PUBLICATION OR USE, AND TO REVIEW ALL TESTIMONIALS PRIOR TO PUBLICATION OR USE. DROPSHIPUSA SHALL BE UNDER NO OBLIGATION TO USE ANY, OR ANY PART OF, ANY TESTIMONIAL OR PRODUCT REVIEW SUBMITTED.
SECTION 7 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 8 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL DROPSHIPUSA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER DROPSHIPUSA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL DROPSHIPUSAS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DROPSHIPUSA FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DROPSHIPUSA OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 9 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
IF YOU HAVE A COMPLAINT, DISPUTE, OR CONTROVERSY, YOU AGREE TO FIRST CONTACT US AT INFO@DROPSHIPUSA.IO TO ATTEMPT TO RESOLVE THE DISPUTE OR CONTROVERSY INFORMALLY. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, ANY PRODUCT, SERVICE, OR SOFTWARE, THESE TERMS, THE PRIVACY STATEMENT, THE DPA, OR YOUR RELATIONSHIP WITH US THAT CANNOT BE RESOLVED THROUGH SUCH INFORMAL PROCESS OR THROUGH NEGOTIATION WITHIN ONE HUNDRED AND TWENTY (120) DAYS SHALL BE RESOLVED BY BINDING, CONFIDENTIAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND JUDGMENT ON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. WE AGREE THAT ANY CLAIM WE MAY HAVE AGAINST YOU OR YOUR BUSINESS WILL ALSO BE SUBJECT TO THIS ARBITRATION PROVISION, EXCEPT AS PROVIDED IN SECTIONS 20 AND 21 BELOW. THE ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR IN THE ENGLISH LANGUAGE, UNLESS WE BOTH AGREE TO CONDUCT THE ARBITRATION BY TELEPHONE OR WRITTEN SUBMISSIONS. THE ARBITRATOR SHALL BE SELECTED BY AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, CHOSEN IN ACCORDANCE WITH RULES OF THE AAA. THE ARBITRATION WILL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE AAA’S COMMERCIAL ARBITRATION RULES AND PROCEDURES, IN EFFECT AT THE TIME OF SUBMISSION OF THE DEMAND FOR ARBITRATION. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, CONSTRUCTION, VALIDITY, APPLICABILITY, OR ENFORCEABILITY OF THESE TERMS, THE PRIVACY STATEMENT, THE DPA, THIS ARBITRATION PROVISION, AND ANY OTHER TERMS INCORPORATED BY REFERENCE INTO THESE TERMS. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY TO DETERMINE WHETHER ANY DISPUTE IS ARBITRABLE. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY TO DETERMINE WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED AGAINST A NON-SIGNATORY TO THIS AGREEMENT AND WHETHER A NON-SIGNATORY TO THIS AGREEMENT CAN ENFORCE THIS PROVISION AGAINST YOU OR DROPSHIPUSA.
PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. IN ALL OTHER RESPECTS, THE PARTIES SHALL EACH PAY THEIR OWN ADDITIONAL FEES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, THOSE FOR ANY ATTORNEYS, EXPERTS, DOCUMENTS, AND WITNESSES.
ANY AWARD RENDERED SHALL INCLUDE A CONFIDENTIAL WRITTEN OPINION AND SHALL BE FINAL, SUBJECT TO APPEAL UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16, AS AMENDED. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AND DROPSHIPUSA AGREE THAT DISPUTES WILL ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED, ON A CLASS WIDE, REPRESENTATIVE BASIS, OR WITH ANY OTHER ARBITRATION(S) OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND DROPSHIPUSA EXPRESSLY WAIVE ANY RIGHT TO PURSUE ANY CLASS OR OTHER REPRESENTATIVE ACTION AGAINST EACH OTHER.
FAILURE OR ANY DELAY IN ENFORCING THIS ARBITRATION PROVISION IN CONNECTION WITH ANY PARTICULAR CLAIM WILL NOT CONSTITUTE A WAIVER OF ANY RIGHTS TO REQUIRE ARBITRATION AT A LATER TIME OR IN CONNECTION WITH ANY OTHER CLAIMS EXCEPT THAT ALL CLAIMS MUST BE BROUGHT WITHIN 1 YEAR AFTER THE CLAIM ARISES (THE 1 YEAR PERIOD INCLUDES THE ONE HUNDRED AND TWENTY (120) DAY INFORMAL RESOLUTION PROCEDURES DESCRIBED ABOVE).
THIS ARBITRATION PROVISION SETS FORTH THE TERMS AND CONDITIONS OF OUR AGREEMENT TO FINAL AND BINDING CONFIDENTIAL ARBITRATION AND IS GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16, AS AMENDED.
THIS PROVISION SURVIVES TERMINATION OF YOUR ACCOUNT OR RELATIONSHIP WITH DROPSHIPUSA, BANKRUPTCY, ASSIGNMENT, OR TRANSFER. IF THE CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE (I.E., UNENFORCEABILITY WOULD ALLOW ARBITRATION TO PROCEED AS A CLASS OR REPRESENTATIVE ACTION), THEN THIS ENTIRE ARBITRATION PROVISION SHALL BE RENDERED NULL AND VOID AND SHALL NOT APPLY. IF A PORTION OF THIS ARBITRATION PROVISION (OTHER THAN THE CLASS ACTION WAIVER) IS DEEMED UNENFORCEABLE, THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 10 – INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DROPSHIPUSA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSORS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSS, LIABILITIES, DAMAGES, EXPENSES, DEMANDS, AND COSTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS OF ANY LITIGATION OR OTHER DISPUTE RESOLUTION, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH OR RELATED TO (1) YOUR USE, MISUSE, OR ATTEMPT TO USE THE WEBSITE, SOFTWARE, PRODUCTS, OR SERVICES, (2) INFORMATION YOU SUBMIT OR TRANSMIT THROUGH THE WEBSITE, (3) YOUR BREACH OF THESE TERMS, THE DOCUMENTS THEY INCORPORATE BY REFERENCE, THE AGREEMENT, OR THE REPRESENTATIONS AND WARRANTIES PROVIDED BY YOU IN THIS AGREEMENT, OR (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 11 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
IF YOU BELIEVE THAT MATERIALS OR CONTENT AVAILABLE ON THE WEBSITE INFRINGES ANY COPYRIGHT YOU OWN, YOU OR YOUR AGENT MAY SEND DROPSHIPUSA A NOTICE REQUESTING THAT DROPSHIPUSA REMOVE THE MATERIALS OR CONTENT FROM THE WEBSITE. IF YOU BELIEVE THAT SOMEONE HAS WRONGLY FILED A NOTICE OF COPYRIGHT INFRINGEMENT AGAINST YOU, YOU MAY SEND DROPSHIPUSA A COUNTER-NOTICE. NOTICES AND COUNTER-NOTICES SHOULD BE SENT TO DROPSHIPUSA, ATTENTION LEGAL DEPARTMENT, 15 JUNIPER TRAIL RUN, OCALA FL 34480, OR BY E-MAIL TO INFO@DROPSHIPUSA.IO. THESE TERMS FULLY INCORPORATE BY REFERENCE THE DMCA POLICY.
SECTION 12 – THIRD-PARTY LINKS
THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. DROPSHIPUSA ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR FUNCTIONALITY OF ANY NON-DROPSHIPUSA WEBSITE TO WHICH WE PROVIDE A LINK. PLEASE SEE OUR PRIVACY STATEMENT FOR MORE DETAILS.
SECTION 13 – TERMINATION
THIS AGREEMENT WILL TAKE EFFECT (OR SHALL RE-TAKE EFFECT) AT THE TIME YOU CLICK “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” OR SIMILAR LINKS OR BUTTONS, OTHERWISE SUBMIT INFORMATION THROUGH THE WEBSITE, RESPOND TO A REQUEST FOR INFORMATION, BEGIN INSTALLING, ACCESSING, OR USING THE WEBSITE, COMPLETE A PURCHASE, SELECT A METHOD OF PAYMENT, AND/OR ENTER IN PAYMENT METHOD INFORMATION, WHICHEVER IS EARLIEST. IF, IN OUR SOLE DISCRETION, YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THE AGREEMENT OR VIOLATED ANY LAW, WHETHER IN CONNECTION WITH YOUR USE OF DROPSHIPUSA OR OTHERWISE, WE MAY TERMINATE THE AGREEMENT OR SUSPEND YOUR ACCESS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE TO YOU. SECTIONS 11, 12, 13, 15 THROUGH 21, AND 24 THROUGH 33 OF THIS AGREEMENT, AS WELL AS ANY REPRESENTATIONS, WARRANTIES, AND OTHER OBLIGATIONS MADE OR UNDERTAKEN BY YOU, SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND/OR YOUR ACCOUNT OR RELATIONSHIP WITH DROPSHIPUSA. UPON TERMINATION, YOU REMAIN RESPONSIBLE FOR ANY OUTSTANDING PAYMENTS TO DROPSHIPUSA.
SECTION 14 – NO WAIVER
NO FAILURE OR DELAY ON THE PART OF DROPSHIPUSA IN EXERCISING ANY RIGHT, POWER OR REMEDY UNDER THIS AGREEMENT MAY OPERATE AS A WAIVER, NOR MAY ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER, OR REMEDY PRECLUDE ANY OTHER OR FURTHER EXERCISE OF SUCH RIGHT, POWER, OR REMEDY, OR THE EXERCISE OF ANY OTHER RIGHTS, POWER, OR REMEDY UNDER THIS AGREEMENT. A WAIVER OF ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT SHALL ONLY BE EFFECTIVE IF IN WRITING AND SIGNED BY DROPSHIPUSA.
SECTION 15 – FORCE MAJEURE
DROPSHIPUSA WILL NOT BE RESPONSIBLE TO YOU FOR ANY DELAY, DAMAGE, OR FAILURE CAUSED OR OCCASIONED BY ANY ACT OF NATURE OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL.
SECTION 16 – ASSIGNMENT
DROPSHIPUSA MAY ASSIGN ITS RIGHTS UNDER THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO YOU. YOUR RIGHTS ARISING UNDER THIS AGREEMENT CANNOT BE ASSIGNED WITHOUT DROPSHIPUSA (OR ITS ASSIGNS’) EXPRESS WRITTEN CONSENT.
SECTION 17 – ELECTRONIC SIGNATURE
ALL INFORMATION COMMUNICATED ON THE WEBSITE IS CONSIDERED AN ELECTRONIC COMMUNICATION. WHEN YOU COMMUNICATE WITH DROPSHIPUSA THROUGH OR ON THE WEBSITE OR VIA OTHER FORMS OF ELECTRONIC MEDIA, SUCH AS E-MAIL, YOU ARE COMMUNICATING WITH THE COMPANY ELECTRONICALLY. YOU AGREE THAT WE MAY COMMUNICATE ELECTRONICALLY WITH YOU AND THAT SUCH COMMUNICATIONS, AS WELL AS NOTICES, DISCLOSURES, AGREEMENTS, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY, ARE EQUIVALENT TO COMMUNICATIONS IN WRITING AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF THEY WERE IN WRITING AND SIGNED BY THE PARTY SENDING THE COMMUNICATION.
SECTION 18 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
YOU HEREBY FURTHER REPRESENT AND WARRANT: (1) THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER; (2) THAT YOU OWN, OPERATE, AND/OR HAVE THE RIGHT TO BIND THE BUSINESS FOR WHICH YOU ARE USING THE WEBSITE; (3) HAVE READ THIS AGREEMENT AND THOROUGHLY UNDERSTAND AND AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT; AND (4) THAT YOU WILL NOT RESELL, RE-DISTRIBUTE, OR EXPORT ANY PRODUCT OR SERVICE THAT YOU ORDER FROM THE WEBSITE.
SECTION 19 – SEVERABILITY
IF ANY PROVISION OF THIS AGREEMENT IS FOUND BY THE ARBITRATOR OR (IF PROPER) A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED THEREBY AND SHALL CONTINUE IN FULL FORCE AND EFFECT AND SUCH PROVISION MAY BE MODIFIED OR SEVERED FROM THIS AGREEMENT TO THE EXTENT NECESSARY TO MAKE SUCH PROVISION ENFORCEABLE AND CONSISTENT WITH THE REMAINDER OF THE AGREEMENT.
SECTION 20 – CONTACTING US
WE ENCOURAGE OUR CUSTOMERS TO CONTACT US WITH QUESTIONS OR COMMENTS ABOUT OUR PRODUCTS AND SERVICES. PLEASE FEEL FREE TO DO SO BY SENDING AN EMAIL TO INFO@DROPSHIPUSA.IO
IF YOU HAVE ANY QUESTIONS OR INQUIRIES CONCERNING THESE TERMS, YOU MAY CONTACT DROPSHIPUSA BY EMAIL AT INFO@DROPSHIPUSA.IO OR BY REGULAR MAIL AT 15 JUNIPER TRAIL RUN, OCALA FL 34480.
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