Terms of Use

 

1. General

Hello! Welcome! We (Wholesale In a Box) are glad you’re here!

This document is the Terms of Use for the Wholesale In a Box website and any associated services. This is an agreement (“Agreement”) between Wholesale In a Box Company (“Wholesale In a Box"), the owner and operator of www.wholesaleinabox.com (the “Site”), the Wholesale In a Box software, www.wholesaleinabox.com/app (“Software”), and any Wholesale In a Box services ( “Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service. By browsing the public areas or by accessing or using the Website (“site”) or  the Wholesale In a Box Software (“Software”, Service and/or “App”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use (this “Agreement”). If you do not agree to the Terms of Use please cease using our Website immediately. Visitors must be 18 or above. If you are under the age of 18, you must have a parent or guardian’s permission and be a minimum of 13 years of age.

Throughout this Agreement, the words “Wholesale In a Box Company,” “Wholesale In a Box” “we,” “us,” or “our”) refer to our company Wholesale In a Box Company. and our Site, Software, or any Services, as is appropriate in the context of the use of the words.

 

2. Intellectual Property

The Websites contain material, such as videos, articles, training modules, photographs, Software, text, store information, graphics, images, sound recordings, and other material provided by or on behalf of Wholesale In a Box (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  

Visitors may view all Content for their own use.  You have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without the prior written consent of Wholesale In a Box. Wholesale In a Box retains all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Wholesale In a Box (the “Wholesale In a Box Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Wholesale In a Box Company  Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Wholesale In a Box Trademarks inures to our benefit.

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

 

3. Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information.  With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and Services that incorporate such information without compensation or attribution to you.

 

4. User Accounts, Guidelines and Use

Wholesale In a Box is under no obligation to accept any individual as a Customer (or User) and may accept or reject any registration in its sole and complete discretion.  In addition, Wholesale In a Box may deactivate any account at any time, including, without limitation, for any reason.

You agree not to use Wholesale In a Box to:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium.

  • You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to it;

  • You will not use it to spam or engage in fraudulent, unlawful, deceitful, or misleading marketing, mailing, or advertising practices;

  • You agree to use our Software only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Wholesale In a Box for any criminal communications or fraud;

  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;

  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;

  • You agree that you will not hold Wholesale In a Box responsible for your use of our Site or any Services;


 

5. Service Disclaimer: What Our Service Does and Does Not Do and Promise

Our advice, in the paid service as well as in the publicy-available sections in this website and any advice we give to visitors, is meant as one factor in your decision-making process, not definitive advice on what you should do. You're responsible for your business decisions, and the outcomes of those decisions.

How you use our online tool in the paid service and use our advice in the paid service or in our publicly available content is up to you. There are certain things our advice or tool may guide you to do (for instance, following up twice with each store). But the decisions about what is right for you and your business are solely yours -- and it is solely up to your discretion to use the tool and/or our advice in the way that makes sense for you and for each store. The consequences of those decisions are also yours alone.

We do estimate that your results will average about one new store account per month, over several months of work with us, if you are consistent with outreach, followup, and change your approach as you go, based on results. That said, wholesale growth is related to a lot of factors, and you may not see those results, nor are we guaranteeing them. Everyone's results are different and we certainly aren't promising any set pace of wholesale growth. We do not promise any specific outcomes as a result of using our service, or taking our advice, and cannot be held liable for results that do not meet your expectations or the expected average of one store account per month of growth..

We do our absolute best to make sure store data (including but not limited to email addresses, store owner names, timing in the online tool, and other information) is correct and up to date. However, sometimes we make a mistake. As with any data, it is up to you to be discerning and double-check things as appropriate. Any consequences, including but not limited to loss of business, due to errors of this kind or any other errors in our data, program and Service are yours and Wholesale In a Box cannot be held liable. We can't promise to never provide any incorrect information but will do our best to adjust it as soon as possible.

The basic terms of the relationships are that we will provide access to our online tool outreach management tool, and 20 store profiles (which we select for you, based on the information you provide us), as well as access to our Starter Series of emails and one-on-one help via email and phone. Your first set of stores will arrive the Monday after you sign up. After that, you will get stores every 4 weeks, on Friday (in four week cycles subsequent to the Friday after you receive your first set of stores). Your billing will happen on the same day of the month every month. If you opt in to 1, 2, or 3 weeks of "extra support" at the beginning of your subscription, your second set and all following stores will be delayed by that period of time.

Not all customers are perfect fits for Wholesale In a Box. Once you make payment and fill out your survey, we will evaluate whether your business is one that we can serve well and that will get good benefit from the Service. If we decide you aren't the best fit, we will let you know and refund your first payment. We may also decide later in your subscription that there isn't a fit, and we may let you know and end your subscription at that time.

You will have access to your data in the system during the period of your subscription. We don't currently offer a way to "Export" your stores or store responses after your subscription ends.We also don’t offer the data contained in the store profiles in any other format other than how they appear in the Wholesale In a Box app interface.

We do track your results, notes, and the store responses you get in order to better inform our store selection overall. We keep that information confidential but use it in aggregate.

Stores have not opted in or opted out of being profiled in Wholesale In a Box. It is meant as a tool to support your outreach process, not a marketplace to directly connect you to stores.

 

6. Fees and Payment

In order to begin using our Service, payment will be required. We may allow you to pay for our Service using your credit card or other payment methods. By using our Service agree that your credit may be charged the amount listed at the payment or pricing screen, every month, on the same day of the month, unless you let us know that you would like to cancel your subscription.. Your payment information may be shared with our third party payment processors to process payments. If you have any issue with any payments or problems with billing please contact us, at team@wholesaleinabox.com.

 

7. Cancellation and Refunds

As we are a service based business we only grant refunds in specific cases. You may be eligible for a refund if you are unsatisfied with our Service. You will be only eligible for a refund of your most recent payment to Wholesale In a Box. For further information please email us at team@wholesaleinabox.com. Please be aware that all refunds are at our discretion and that all other payments are non-refundable. You may cancel the Service at any time. To cancel the Service please contact us at team@wholesaleinabox.com. Please be aware that once Service cancellation occurs, your account information stored on our Site and Service may be deleted or inaccessible. After you have cancelled our Service, you will not be eligible for the return or refund of any unused fees paid to Wholesale In a Box.

 

8. Modification of Service

We reserve the right to alter, update, or remove our Service or Software or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes.

 

9. Service and Site Availability

We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you the desired results.

 

10. Compliance with Applicable Laws

The Websites are based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Websites or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.


 

11. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES.  THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.  

 

12. Indemnification

Subscriber shall indemnify,defend, and hold Wholesale In a Box, its directors, officers, managers, employees, and agents harmless from and against any and all suits, actions, proceedings at law or in equity, claims, liabilities, losses, costs and expenses, including, without limitation, expenses of litigation and reasonable attorneys’ fees, resulting from any breach of this Agreement by the Subscriber or asserted by any third party due to or arising out of the Subscriber’s use of, or conduct with respect to,the Service.

 

13. Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to its conflict of laws provisions.

 

14. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Philadelphia County, Pennsylvania.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

15. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, peace, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

16. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Wholesale In a Box shall have the sole right to elect which provision remains in force.

 

17. Termination of the agreement

We may terminate or suspend our Service, your account, or the Software without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Although, your information may not be accessible we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

18. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

19. Misc

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

20. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service.

 

21. Electronic Communications

The communications between you and Wholesale In a Box use electronic means, whether you visit the Software, Site, or Service or send Wholesale In a Box e-mails, or whether Wholesale In a Box posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Wholesale In a Box in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Wholesale In a Box provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.