Terms & Conditions

Please read carefully before using this website

 

Welcome to the website (the “site”) of Sourceofgoods (the “company”). Access to, and use of, the site is subject to these terms and conditions (“terms”) and all applicable laws. This site is and shall remain the exclusive property of the company. Your use of this site is through a nonexclusive revocable license.  By accessing any areas of the site, you agree to be bound by these terms. The nonexclusive revocable license allowing you to use this site is contingent upon your acceptance of these terms.  If you do not agree to all of the terms, your use of this site is unauthorized, and you must immediately terminate your use of the site. The company may revise these terms, without any prior notice, from time to time by updating this web page. Your use of our site following any such change constitutes your agreement to follow and be bound by the terms as changed. If any change is unacceptable to you and you do not agree to be bound by same, your use of this site is unauthorized and immediately terminate your use of the site. The company may also change, move portions of, delete portions of, or add to the site from time to time.

 

Payment and Billing

The company accepts major credit cards. If you elect to use a credit card for any payments; orders; or otherwise (with the exception of membership fees), you agree that a three percent (3%) service fee can be charged on the payment amount. You may use ACH payment option which will incur no service fee. You agree that once any payment is made through any payment method to company, you will not initiate a chargeback through your credit card company or financial institution. In the event of any alleged error, issue with any order placed with company, or if you believe you are otherwise entitled to a refund you will address same directly with company only and not via a chargeback to your credit card processor.

 

Membership charges in the amounts as set forth on the membership page of the site plus applicable taxes will be charged to the payment method set up for your account on or after the first day of each month. If you became a member in the middle of a month, the charge for the first month will be prorated. A member beginning a membership through a free three (3) month trial offer, will be provided membership at the entrepreneur level of membership as set forth on the membership page. You understand that the free trial membership is a limited time offer and is subject to change or cancellation at any time. You will be automatically billed for membership three (3) calendar months after the trial is commenced. There will be no pro ration of the first month and part of a month shall be deemed a full month for purposes of the trial membership. Should you elect to upgrade your membership to a higher membership tier, you may do so at any time and membership fees for the month in which the change takes effect shall be prorated until the first of the month. You agree and accept that the cost of the monthly memberships may change at any time. If you wish to downgrade your membership to a lower tier, the downgrade will only take effect on the first day of the coming month after the downgrade is processed and you agree to pay the membership fee as prior to the downgrade until the first of the month. For any charges that are due from you to company, you agree that company can use your payment information provided to make multiple debits per transaction, per sale processed as well as for monthly debit charges until such time as you request your account to be cancelled in writing and you receive confirmation from company that your account has been cancelled. Cancellation requests for the account will take effect at the beginning of the next calendar month after the request is received. Your membership will continue until the end of the month in which the request was received. Once your account is cancelled you agree that you will remove all Company data and information from any website you may have posted or caused to be posted such data and information on, immediately.  In the event any Company data and information is not removed from any website you posted or caused to be posted on, you agree to pay $1,000.00 per day for each day commencing forty-eight (48) hours after such cancellation until such time as all data and information is removed.

 

Purchase of Items

You agree that it is your responsibility to determine the suitability for sale of any particular items available for purchase through the site. Neither the Company nor any of it’s employees shall have any liability whatsoever with respect to the suitability of any item offered for sale through any venue, whether brick and mortar or through any online venue, including without limitations online retail, closeout, marketplaces or auction sites. You are solely responsible to determinate the legality of any item you seek to sell in each jurisdiction.  If you intend to sell any item through any online venue, you agree to abide by the terms and conditions of such online venue, and it is your responsibility to determine that the items are not prohibited for sale by the particular online venue. You acknowledge that inventory offered for sale may change from time to time and company is under no obligation to continue offering any specific item for sale. You agree that you will not contact any of company’s supplier’s directly and you will not make efforts to determine their identities. Certain manufacturers may require adherence as to how their items are advertised. You agree that it is your responsibility to determine whether such requirements may apply to a particular item and to abide by such requirements including any Minimum Advertised Price (“MAP”) requirements. For all items subject to MAP agreements, company will provide you with two prices, the wholesale cost and the MAP price. You agree to never advertise any product subject to MAP to consumers for less than the MAP price. You agree to be solely and fully responsible for all shipping costs including without limitation, if an item is refused, returned or otherwise undeliverable. In the event you have a customer who requests an order cancellation, you should immediately contact the company via email marked urgent and company will attempt to cancel the order. Company makes no guarantees that any cancellation requests will be timely cancelled. You should be aware that Amazon typically holds orders for one and one-half hours (90 Minutes) after they are processed to protect against cancellations.

 

You represent and warrant to the company that you will not sell any items in a manner which: violates any law, rule or regulation; infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You will be solely responsibility to determine whether any product you seek to sell violates any rights of others, including without limitation intellectual property rights, and company will have no liability in connection with any potential violation. You agree that you will be solely responsible for any and all claims arising out of your sale or listing for sale of any items obtained through company, including without limitation, for any product liability issues.

 

Communications with us

Except if indicated in a secure area of the site, any information or communication transmitted to the company via the site or e-mail (including but not limited to remarks, suggestions, ideas, questions, or comments) is the exclusive property of the company and is not confidential.

 

The company cannot guarantee the confidentiality of transmissions over the internet (unless otherwise indicated), including any transmission of personal information by you to the company. Unless otherwise stated, the company is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to the company and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules).

 

If you use this site in a manner that requires you to set up an account with a user name and password, you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer. You agree to accept all risk and responsibility for all activities that occur under your user name and password. Your email address must be verified via a link at the time of signing up, and at any time you change your email address.  You agree that you will not use the site for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

 

You represent and warrant to the company that nothing submitted by you to the site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule or regulation, (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. The company reserves the right to delete any such material from the site.

 

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the company. You further agree not to use an inappropriate user name of any kind.

 

You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.

 

If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to the company’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the site; (iv) your telephone number, address and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The company’s agent for notice of claims of copyright infringement on the site is:

 

SourceofGoods legal dept.

C/O Censor Law LLC

483 Oak Glen Rd.

Howell, NJ 07731

 

Upon receipt by the company of notice of claimed copyright infringement containing the information specified above, the company will investigate the matter, and if required promptly remove the allegedly infringing material from the site. The company shall have no liability to any user of the site for the removal of any such material.

 

Warranty disclaimer

The site, any service offered on or through the site, and the entire contents and software on the site, are provided “as is” and “as available” without warranty of any kind whatsoever. The company expressly disclaims all warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of performance or course of dealing. The company makes no warranty or guaranty that the contents of the site are complete, error-free, or that the site will operate in a manner that is secure (unless otherwise indicated), uninterrupted or error-free, or that the site is or will be maintained free of viruses or other harmful code. It is up to you to take any and all precautions to ensure that the information you access and use from the site is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Changes may be made to the contents and software on the site, and the products and services described within or offered on the site, at any time without notice. The company uses reasonable efforts to include accurate and up to date information on the site. The company and  it’s employees are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions.  Neither the company nor it’s employees are responsible for any account errors caused on external accounts

 

Limitation of liability

By using the site, you agree that the company and it’s employees will not for any reason or circumstance, and regardless of legal theory, whether in tort, contract, or otherwise, be liable to you or any other party for any direct, indirect, incidental, consequential, punitive, or any other damages, however caused, and regardless of character, including without limitation lost profits, lost savings, loss of programs or other data on your information handling system or otherwise, even if the company has been advised of the possibility of any such damages. The foregoing limitation of liability applies, by way of example but without limitation, to any damages arising out of or in connection with (i) your access to, use of, or inability to use, the site (including any service offered on or through the site), or (ii) any errors or omissions in the content of, or performance of the software on, the site (including any service offered on or through the site). Some jurisdictions do not allow the exclusion of consequential or incidental damages, so such exclusions may not apply to you. However, such exclusions shall be enforceable to the maximum extent permitted by applicable law.

 

Indemnification

You agree to defend, indemnify and hold the company and it’s employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the site or (ii) violation of any of these terms.

 

Copyrights, trademarks, and servicemarks

The site and all information, documentation, and other content (“content”) posted in or on the site are the sole property of SourceofGoods and/or its affiliates. All rights reserved. Unless stated to the contrary, all content is the property of the company or its third-party licensors. By making this content available on the site, the company is not waiving any proprietary rights (including copyrights or trademarks) in such content, and is not transferring its rights to you or any third party. The content is protected by U.S. and international copyright laws. The product and service names and logos on the site, and the appearance of the site, including icons and graphics (“marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of the company or its third-party licensors. Unauthorized use is prohibited.

 

You agree not to remove copyright, trademark or other notices from any content or marks you may get from the site. You cannot download or copy any content from the site without the prior written consent of the company except for your individual use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the content, marks, the site, or any related software.

 

External links

If  external links are provided from the site to other web sites, the company does not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites, and the use of such sites shall be governed under such sites terms.

 

Remedies

In the event that the company determines, in its sole discretion, that you have breached any of the terms, or have otherwise engaged in inappropriate conduct, the company may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which the company deems to be appropriate.

 

Termination

These terms are effective unless and until terminated by the company. The company may terminate all or part of the site at any time without notice to you. Upon any termination of these terms or the site, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials. The company may suspend or terminate your membership at any time in the company’s sole discretion.

 

Law that governs the site

Information on the site includes descriptions of products and services available only in the United States of America. These terms are governed by and interpreted pursuant to the laws of the state of New Jersey, United States of America, notwithstanding any conflicts of laws principles. By using the site you agree that any claim or action arising from or related to your use of the site shall be arbitrated exclusively by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules. Each party shall pay one-half of the cost and expense of the arbitrator. The decision of the arbitrator shall be binding and enforceable in a court of law. If any part of these terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining terms.

 

Entire agreement

These terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof. By using this website, you: (a) agree that such use is through a nonexclusive license granted to you by the company voluntarily and for no consideration. As such you expressly acknowledge and agree that you are not considered a customer, purchaser or consumer of company as defined in the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act ; (b) assume all risks of losses or damages resulting from your use of or inability to use this website; (c) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from lost profits, lost data or business interruption) that may occur as a result of your use of this website; and (d) expressly agree to release and discharge facts, and its affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of this website;  and (e) you voluntarily give up or waive any right that you may otherwise have to bring a legal action against facts for losses or damages, whether based on warranty, contract, tort or other legal theory, including any claim based on alleged negligence on the part of facts and its agents and employees. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.