Terms
and Conditions
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other
copyright laws, and is the property of Wholesalepinonuts. The collective work
includes works that are licensed to Wholesalepinonnuts. Copyright 2012, Wholesalepinonnuts
ALL RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an order with Wholepinonuts
or purchasing wholesalepinonuts products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Wholesalepinonuts
or to purchase Wholesalepinonuts products. 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 Wholesalepinonnuts.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Whole salepinonuts used in the
site are trademarks or registered trademarks of Wholesalepinonuts
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Wholesalepinonuts disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Wholesalepinonutsdoes not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Wholesalepinonnuts does
not make any warranties or representations regarding the use of the materials
in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Wholesalespinonuts shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Wholesalepinonuts has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Wholesalepinonuts product is mistakenly listed at an
incorrect price, Wholesalepinonuts reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Wholesalepinonuts reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Wholesalepinonuts shall
issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Wholesalepinonuts without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Wholesalepinonuts may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided toWholesalepinonuts.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New Mexico, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Wholesalepinonuts products) shall be in the
state or federal courts located in Bernalillo County, New Mexico. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Wholesalepinonuts products) must be commenced within
one (1) year after the claim or cause of action arises. Wholesalepinonuts failure
to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Wholesalepinonuts may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
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 a Wholesalepinonuts or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the 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 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 the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Wholesalepinonuts does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Wholesalepinonuts is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Wholesalepinonuts
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Wholesalepinonuts in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Wholesalepinonuts , its
officers, directors, employees, agents, 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 accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Wholesalepinonuts may
link to sites operated by third parties. However, even if the third party is
affiliated with Wholesalepinonuts, Wholesalepinonuts has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Wholesalepinonuts f. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Wholesalepinonuts
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).