Terms of Use

Terms of Use

Welcome to our website. This site is provided by Wholesale Group Operations (referred to throughout this document as "ACWholesalers.com; ACWholesalers; ACW; Goductless.com; GoDuctless; GD; Wholesale Group Operations").  By using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these terms ("Terms of Use"). You also accept the Terms of Use when you create an account, sign in as a guest, or log in to the Site. Additional or separate terms may apply to your interactions with other Wholesale Group Operations websites and to your use of individual services or features available on the Site, such as reviews. Although you may "bookmark" a particular portion of this Site and bypass this agreement, your use of this Site still binds you to the Terms of Use. If any additional terms conflict with these Terms of Use, the additional terms will govern. References to "AC Wholesalers", "GoDuctless", "our", "we" or "us" may refer to ACWholesalers, Wholesale Group Operations, GoDuctless, HVACStores, and their affiliates, subsidiaries, and designees. We may change the Site and the Terms of Use. It is your responsibility to review the Terms of Use for updates or changes. If you do not agree with the Terms of Use, you should not use the Site. 

To go directly to specific sections, please click below:

• Intended for Users Over 18
• Privacy
• Order Acceptance
• Product Descriptions
• Colors
• Pricing
• Special Orders
• Coupon Guidelines and Limitations
• Paying for Your Order
• Your Account Security
• Proprietary Rights
• Trademarks
• Product Selection and Installation
• EPA Notice
• User-Generated Content
• Use of Site
• Store Pickup
• Cancellation
• Returns
• Shipping Policy
• Warranty Policy
• Scratch and Dent Policy
• Post-Order Price Match Policy
• Regional HVAC Efficiency Standards
• Applicable Law
• Indemnification and Disputes
• Termination of Use

Intended for Users Over 18

If you are under 18, you may use ACWholesalers.com only with the consent of a parent or guardian. Wholesale Group Operations and its Network Stores reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Order Acceptance

There may be certain circumstances where orders placed with us cannot be accepted and must be canceled. We reserve the right, at our sole discretion, to refuse or cancel any order. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud verification department. We may also require additional verification or information before accepting any order. We will contact you if any or all portions of your order is canceled via email or if additional information is required to accept your order. If your order is canceled after payment is authorized then we will void the authorization and depending on your financial institution the release may be immediate or take several days to reflect on your account. We recommend contacting your financial institution to obtain exact void processing time frames.

Product Descriptions

ACWholesalers.com and GoDuctless.com attempt to be as accurate as possible under all its listings. However, Wholesale Group Operations does not warrant that its product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in  unused condition which is free from damages and includes the original manufacturer packaging for the item.

Colors

Wholesale Group Operations strives to display as accurately as possible the colors of the products shown on the Site; however, Wholesale Group Operations cannot and does not guarantee that your monitor's display of any color will be accurate.

Pricing

The Price displayed for products on our website represents the retail price on the product itself, suggested by the manufacturer or vendors, or estimated under standard industry practice; unless noted otherwise. Despite our best efforts, a few items in our catalog may be mispriced. If an item is mispriced, Wholesale Group Operations may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Special Orders

You can cancel or return Special Order items, and you will be refunded 75% of the original purchase price. Special Order items are items not generally carried by Wholesale Group Operations and/or which require that an order be placed directly with the manufacturer or distributor. The item ordered is then sent from manufacturer or distributor to Wholesale Group Operations and then to the customer.

Coupon Guidelines and Limitations

Coupons are a great way to save even more when shopping with us, and it's easy to use them. When accepting coupons, we follow the guidelines below:

• Coupons can only be redeemed for items, brands, and quantity as specified by the coupon.
• Item purchased must match the coupon description (brand, size, quantity, color, etc.).
• Only one coupon will be accepted per qualified item regardless of its origination unless specified otherwise.
• If the face value of an Wholesale Group Operations coupon exceeds the price of a qualifying item, only the retail price of the item may be applied.
• Coupons are inputted and applied to the order, item or shipping during the checkout process at the time of purchase.
• Coupons cannot be redeemed for cash.
• We do not give cash back if the face value of a coupon is greater than the purchase value of the item.
• These coupons cannot be accepted:
  • Invalid Start Date (coupon has not started)
  • Expired coupons
  • Internet promo codes for free items with no purchase requirements
  • Promo codes for products not carried at ACWholesalers.com or GoDuctless.com
  • Promo codes for items that don't match the coupon description (brand, size, quantity, color, etc.)

• Can I return an item I bought with a coupon?
  • If you used a coupon to purchase an item and return that item, you'll receive a refund for the price of the item, minus the coupon value.
• Wholesale Group Operations reserves the right to refuse any coupon or limit quantities.

Paying for Your Order

Generally, we'll charge your card for an item when we ship the item to you. However, we do pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.

Your Account Security

Although Wholesale Group Operations takes reasonable precautions to protect your account information, if you use the Site, you shall maintain the confidentiality of your account and password and restrict access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should use a unique password for your account in the Site, which is not used for any of your other e-commerce or social media accounts.  We shall not be responsible for any consequences of your failure to do this. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the Site are prohibited.

Proprietary Rights

All content on this Site, including information, data, photographs, videos, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. You may use the Site and the Content only for non-commercial, personal use. All Content is protected under U.S. and international copyright laws, and Wholesale Group Operations owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Unless we separately give you permission, you may not copy, scrape, modify, remove, delete, augment, add to, publish, transmit, create derivative works from, or exploit any of the Content, in whole or in part. Permission is granted to electronically copy and print hard copy portions of the Site to place an order with Wholesale Group Operations or purchase products from Wholesale Group Operations. You may display and, subject to any stated restrictions or limitations relating to specific material, download or print portions of the material from the different area of the Site solely for your own non-commercial use, or to place an order with Wholesale Group Operations or to purchase products from Wholesale Group Operations. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited unless authorized by Wholesale Group Operations. You must retain all copyright, trademark and other proprietary notices in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.

Trademarks

All trademarks, service marks and/or trade names of Wholesale Group Operations used in the Site are trademarks or registered trademarks of Wholesale Group Operations, its parent companies and/or subsidiaries. All other trademarks not owned by Wholesale Group Operations that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wholesale Group Operations.

Product Selection and Installation

Wholesale Group Operations accepts no responsibility for or warranties the fitness of any equipment for any application. Wholesale Group Operations is not responsible or liable for any suggestions it may provide concerning system sizing and/or selection. Any issues or decisions regarding system sizing and/or selection must be resolved and/or reached solely by the customer and should not be based on any information or suggestions from Wholesale Group Operations. All products must be installed according to manufacturer's installation instructions and safety guidelines. All work must be done according to building, installation, and/or maintenance codes. Products sold by Wholesale Group Operations must be installed by a licensed professional. Wholesale Group Operations covers parts only under warranty. The installer is responsible for any labor warranty.

EPA Notice

Purchaser hereby acknowledges that federal law prohibits opening the refrigeration lines of any equipment purchased on this website or through any subsidiary of Wholesale Group Operations. A properly licensed professional must handle the refrigerant contained in any unit/system. Purchaser hereby assumes full responsibility for the installation and/or maintenance of the unit/system in accordance with applicable building, installation, and/or maintenance code requirements.

Reviews, Comments, Communications, and Other User-Generated Content

You may interact with the Site and Wholesale Group Operations in numerous ways, including Ratings and Reviews, Videos, Images, Questions and Answers, and e-mail communication. You grant Wholesale Group Operations a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.

When you submit content to us, you will disclose any affiliation you have and you will submit nothing that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Wholesale Group Operations or other licensed employee (s), host (s), or representative (s) of Wholesale Group Operations, and other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a civil or criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization.

Store Pickup

Some products offered on the Site are available for local pickup at our facilities. Not all items are available for this service. You will be notified when your order is ready for pickup or if an item is unavailable at our facilities. If your item is unavailable at our facility, your order may be canceled.

When picking up the order, the original purchaser must show a valid government-issued ID. If the order was paid for with a credit card, the card must be presented at time of pickup. Wholesale Group Operations will hold your items for two days starting the day after the order was processed by an Wholesale Group Operations network store. If your order has not been picked up within that time frame, you may elect to extend it by one additional day. This must occur before your original time window expires. After two days (or three days if you extended the time window), your order will be canceled. Orders will not be held for over three days. You will be charged for your order should you elect to pick up your products prior to your arrival. Wholesale Group Operations reserves the right to limit the quantity of items ordered for Store Pickup and the days of the year this service is offered.

Cancellation

Due to our fast shipping times, it is imperative that should the need arise to cancel your order you contact us immediately via phone. If your order has not departed from our facilities there will be no charges associated with your cancellation. If your order has shipped but has not been delivered, you may request that our representative contact the Freight or Ground Carriers to stop the delivery and bring back the order to Wholesale Group Operations. Although you can stop the order in transit this option will be very costly, because there will be two charges imposed, the outgoing shipping freight/ground charges and the inbound shipping freight/ground charges. You, the customer will be responsible for these charges, which will be deducted from your refund. Once the order is canceled credit for the items can take as long as 10 business days to be refunded to your original payment method.

Orders that have shipped to customers and must be held at the local freight terminal over 4 business days due to lack of communication with customer whether via email or phone will be considered abandoned, which renders the order canceled and at which time the cancellation policy will apply and customer is responsible for freight charges for outbound and inbound.

The Contact Center is open Monday through Friday from 9:00 am EST to 6:00 pm Est., to assure accurate processing of your cancellation request. We do not accept under any circumstances order cancellations via Email, voice mail, facsimile, or U.S. Mail. We always recommend that before you order from our Site you check with your installing professional to ensure that the product you ordered is the right product for your needs. Taking these steps will help to avoid any costly errors in ordering the wrong product.

Returns

If, for any reason you are not fully satisfied with your purchase or just didn’t need the product(s) ordered you may return it.

How to Initiate a Return:

1. Make sure that your request is within 30 days or less of you receiving the product(s).
2. Request an RMA (Return Merchandise Authorization) either online (see Return Merchandise Authorization) or contact us at Toll-Free 1-866-631-6389.
3. Package up the product(s) accordingly and ship them to us.

Please read the Returns Policy to familiarize yourself with all of the requirements of a return.

See the Complete List of Return Guidelines before you return a product to Wholesale Group Operations.

1. Pack up your purchased products(s) with all the manufacturer contents and product packaging. Make sure to put your product(s) in another box as no markings can be added to the manufacturer boxes.
   
   
2. Print out a copy of the Returns Merchandise Authorization Email which shows the RMA Number, and place that along with your returns. Having the RMA Paperwork included in the box will help expedite the inspection and refund process. 
   
   
3. Select a Freight Company and arrange the pickup of your product(s) and shipment to ACWholesalers Return Center. We recommend keeping the bill of lading documentation for at least 90 days.
   
   

Only unused / not installed product(s) in their brand new, original condition may be returned.

 
Important things to Remember:

• Original manufacturer packaging for the product(s) is required to be returned such as manuals, accessories, packaging materials, etc.
• A 15% restocking fee will be charged for each product(s) returned.
• RMA's expire after 30 days of their issue date and product(s) being returned must be received by Wholesale Group Operations prior to that expiration date.
• All returns associated with our “Free Shipping” offer or that have original shipping charges applied will have the original shipping fee(s) that Wholesale Group Operations incurred when shipping your product(s) deducted from the refund amount.
• If there was a product on your order given from Wholesale Group Operations as a "free" gift/item, such cannot be returned or exchanged for credit or upgrade to another product(s).

What's not Eligible for Return:

These types of product(s) are not currently available for return:

• Clearance
• Overstock
• Scratch / Dent
• Free or Gift product(s) as a standalone

Can I return an installed product?

If you are having any issues with a product(s) after they have been installed the product(s) no longer qualifies for a return however we can provide warranty for the defective part(s). Please refer to our Limited Warranty Policy for additional details.

Shipping Policy

Free shipping promotions apply to residential or business curbside delivery within the 48 contiguous states. Free shipping does not include inside delivery. Inside delivery is not a service currently offered to our customers, however, should you need the service, you may contact your local National/Freight delivering terminal in order to obtain cost, payment information and available delivery times by adding this service.

We process and ship orders Monday through Friday. Orders placed by 12 p.m. EST, Monday through Friday, are shipped within 1 to 2 business days. We always recommend visiting the products detail page which is where you will find the most current anticipated ship times of the product ordered.

How is my product shipped?

View our different shipping methods here. Because we ship in a variety of ways the product(s) shipping method will be displayed in the cart or at checkout before completing an order. Becoming familiar with our shipping methods will facilitate your understanding of what requirements your order may have upon delivery.

I placed my order; when does my package ship?
Before you order we always recommend to check the product(s) availability text (located in the product detail page to the left of the add-to-cart button) to ensure proper lead times, if and when applicable. Lead times may affect your orders fulfillment and shipment time. Items ordered on weekends (Saturday or Sunday) start to process and ship from our facility as early as the following business day.

For additional information regarding Product availability click here.

We process and ship orders Monday through Friday (Excluding Holidays) and orders placed by 12 p.m. EST are normally shipped from our facility within 1 to 2 business days regardless of shipping method selected at checkout. Orders in a Pending / Hold status may take longer to ship depending on additional documentation that may be required.

Shipping transit times start once your order leaves our warehouse. Transit times are normally determined by a few factors such as your location within the contiguous 48 states, the products availability, weather conditions, affiliate delivery services and shipping company’s delivery availability. Due to those factors, transit times are not guaranteed and may change without notice. We strongly recommend against scheduling the professional installation of your product(s) until you have your product(s) in hand.

Equipment Arrival

Once your product has shipped, you can track the product using the tracking number(s) provided to you in the Shipped Confirmation email. Sometimes tracking numbers may take 24-48 hours to propagate in the carrier’s website so continue to check back with them periodically. Please be aware that there are different requirements for Freight Bound (LTL) order(s) as opposed to Small Parcel order(s). We encourage you to ask questions should you require any clarifications on or before the time of delivery.

What is considered Small Parcel?

Small Parcel is normally classified as product(s) that are less than 100 lbs. in shipping weight. These product(s) ship in various methods.

What is Freight bound equipment?

Orders that travel via Freight Services (LTL) are normally products that are heavier than 100 lbs. and require an appointment for delivery. The Freight carrier will contact you to arrange a delivery appointment normally 1 business day (excluding holidays) before the delivery. Due to adverse weather conditions, distance of delivery address from delivering terminal and additional factors, a few additional days may be required. The freight company will discuss the available dates for delivery with you.

Please read the Shipping Policy to familiarize yourself with all of the requirements of shipping.

Limited Warranty Policy

Wholesale Group Operations backs 100% of all parts warranties offered by the manufacturer. Wholesale Group Operations offers nationally known and established brands that provide a nationwide parts distribution network. Most air conditioning installers are authorized by these manufacturers to service these units and obtain free replacement parts for the term of your applicable warranty. Make sure you review and are familiar with the terms, conditions and/or requirements for any warranty.

If a product should fail within the first 30 days of purchase due to part (s) failure, Wholesale Group Operations will cover shipping fees to get the replacement part (s) to you. After 30 days of purchase, you are responsible for applicable shipping fees for obtaining any replacement parts. You also have the option of processing warranty claims with local heating and cooling installers that service the products we sell. To validate your warranty claim, a licensed contractor must have either installed or inspected your equipment before start-up. Without a receipt from a licensed contractor, Wholesale Group Operations cannot process warranty parts or claims for you. Failure to submit the receipt will result in denial of any warranty claim.

If any product purchased from Wholesale Group Operations.com should result in failure upon installation or not operate after installation, we are only responsible for supplying the parts warranted by the manufacturer. At the manufacturer’s discretion, replacement parts provided for warranty may be in a new or reconditioned state. Under no circumstances will either refrigerant R22 or R410A be covered or reimbursed if refrigerant must be re-added to the system; whether it is missing from the unit when it arrives to the customer's location or after a part is replaced. Under no circumstances will Wholesale Group Operations replace a whole system or component.

Wholesale Group Operations does not provide any warranty for products sold on the Site above and beyond the manufacturer's warranty as to parts. We make no other warranty or guarantee of any kind, express or implied, including merchantability and fitness for a particular purpose. Wholesale Group Operations does not provide labor warranties. To the maximum extent permitted by law, Wholesale Group Operations is not liable for any warranties, costs, and/or expenses incurred by the consumer due to a malfunction of any product (s) sold on our site.  Notwithstanding anything herein to the contrary, nothing in the Terms of Use limits or excludes our responsibility for claims or losses caused solely by our gross negligence, recklessness or intentional wrongdoing.

The product (s) sold on our Site are intended by the manufacturers to be installed by professional heating and air conditioning installers. They are available to you on this Site as a means of saving a substantial amount of money. We know the advantages of self-installation, and any disadvantages, and it's your decision to purchase from us and install on your own. Any person or entity that decides on self-installation is responsible for and accepts all risk for both installation and equipment selection. Any warranty will be void if the installation is not completed by a licensed contractor. Having these systems installed by a contractor is more costly but it has its advantages - professional installation, labor warranty may be provided by the contractor, the validation of your warranty with the manufacturer, and potentially someone to process warranty claims for you. (For safety reasons, do not install a furnace yourself unless you are qualified to do so.)

Most of the manufacturers of these products sold on our Site have no provisions to provide warranty replacement parts or technical support to the homeowner. They only work through dealers, such as your local heating and air conditioning installers. For additional information regarding our Warranty Policy please click here.

Scratch and Dent Policy

Our Scratch & Dent items come from customer returns that were scratched or dented during the shipping process. Although the packaging is not factory sealed, these products still offer the full manufacturer warranty on parts when installed by a professional. The scratch and/or dents should not have any effect on the structural integrity of the machine. These products are a great way to save a substantial amount of money off our already discounted wholesale prices.

Scratch & Dent products may not have original packaging and may not be eligible for Manufacturer-sponsored offers.

 
Can I return a Scratch & Dent unit?

No, we do not offer returns on Scratch and Dent items as all sales are final. We highly recommend you consult with the installing professional first to make sure you are selecting the correct unit before purchase.

Do Scratch & Dent products have a warranty?

Yes! Remember only the interior functional components of the units are under warranty and should you need to file a warranty please follow our Warranty Terms for additional information. Under no circumstances will a full product replacement be offered.

What if the product is damaged during shipping?

We have pictures on where the scratches & dents are before shipment so if you receive something with additional scratches or dents we recommend to take pictures and retain them for your records. However, Scratch & Dent products will not be reshipped due to the limited quantities and cannot be refused at the time of delivery. Once delivered, the warranty for interior functional components commences.

So, what risks do I have?

Backed by the warranty on the parts similar to our new units, what we offer is a solution to save a substantial amount off our already discounted products. If you don’t mind scratches and/or dents on your equipment, then these are the perfect solution for you.

Post-Order Price Match Policy

We offer post-order price matching when a products price falls below the original purchase price only up to 30 days after the purchase was made; excluding, but not limited to discontinued items, limited quantity items or manufacturer rebate items. Our prices regularly change, and the price you paid when your order shipped was the lowest price we were able to offer at the time. We consistently offer competitive prices on everything we carry because we know low prices are very important to our customers.

Regional HVAC Efficiency Standards

Beginning 1/1/15, new DOE Efficiency Standards 76 Fed. Reg. 37408" went into effect.
 

Department of Energy (DOE) Update 6/13/2016:

As of June 13, 2016, the Department of Energy has restricted the shipment of products to the Southern and Southwestern states not meeting the minimum requirement of each States mandate. For information on your States requirement please see the image below.

All orders placed with 13 Seer equipment will, unfortunately, be canceled and no product(s) will be shipped. Warranty part(s) for your existing equipment will be provided for the remaining warranty period.

The NEW Standards are as follows: 

• Northern States – Minimum 13 SEER air conditioning remains the standard, but heat pumps efficiencies went up to 14 SEER and 8.2 HSPF.

• Southern (Southeastern) States – Minimum efficiency went up to 14 SEER for both air conditioning and heat pumps and 8.2 HSPF for heat pumps. The 8.2 HSPF/14 SEER heat pump rating will become a national standard.

• Southwestern States – Minimum efficiency went up to 14 SEER for air conditioning, but there is a new standard for EER that will call for 12.2 EER for systems less than 45,000 BTUH and 11.7 EER for systems over 45,000 BTUH. Heat pumps require the national standard of 14 SEER and 8.2 HSPF

Customers in all regions (Northern, Southern, and Southwestern) have the ability to purchase and have shipped lower efficiency rated equipment from our website to any state within the contiguous 48 United States of America. It is the customers' sole responsibility to abide by these NEW DOE efficiency standards. By purchasing and installing lower efficiency products in regulated states from our website you agree to indemnify, defend, and hold harmless, Wholesale Group Operations, ACWholesalers, GoDuctless, and their parents, subsidiaries, affiliates,  officers, directors, employees, agents, preferred installers, installers, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all claims, suits, losses, damages, expenses and costs, including reasonable attorneys' fees, resulting from any violation of the regulations set forth by DOE (Department of Energy), with the exception of claims, losses or damages caused solely by our gross negligence, recklessness or intentional wrongdoing.

Applicable Law

The laws of the State of Florida will govern these Terms of Use without giving effect to conflicts of laws principles.

Indemnification

You agree to indemnify, defend, and hold harmless, Wholesale Group Operations, ACWholesalers, GoDuctless and their parents, subsidiaries, affiliates, officers, directors, employees, agents, preferred installers, installers, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person (s) or entity accessing the Site using your Internet account, with the exception of claims, losses or damages caused solely by our gross negligence, recklessness or intentional wrongdoing.  

Disputes

INSTEAD OF SUING IN COURT, WE EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING TO YOUR USE OF THE SITE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY Wholesale Group Operations, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE MUTUALLY-ACCEPTABLE ARBITRATOR PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL TAKE PLACE IN MIAMI-DADE COUNTY, FLORIDA.  YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (INCLUDING ANY ARBITRATIONS PROCEEDING)WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

ARBITRATION DIFFERS FROM CIVIL LITIGATION AND TRIALS IN COURT IN A NUMBER OF SIGNIFICANT WAYS. THE RULES IN ARBITRATION ARE DIFFERENT, AND THE ARBITRATOR, RATHER THAN A JUDGE, MAKES ALL OF THE DECISIONS. IN AN ARBITRATION PROCEEDING, THERE ALSO IS NO JURY, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU’RE RIGHT TO APPEAL THE ARBITRATOR'S RULINGS IS ALSO VERY LIMITED UNDER THE FEDERAL ARBITRATION ACT. THE ARBITRATOR, HOWEVER, CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT.  DEPENDING UPON THE OUTCOME OF THE ARBITRATION, YOU MAY BE REQUIRED TO PAY CERTAIN FEES, EXPENSES AND THE ARBITRATOR'S COMPENSATION.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. ANY SUCH ACTION MUST BE BROUGHT IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA OR THE STATE COURTS OF MIAMI-DADE COUNTY FLORIDA. YOU WAIVE ANY RIGHT TO CLAIM THAT SUCH LOCATION IS AN INCONVENIENT FORUM.

WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. 

You agree not to sue us or bring arbitration in any other forum THAN THOSE SPECIFIED HEREIN.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

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