TERMS OF USE FOR WEBSITE

Updated October 13, 2024

By accessing this website or mobile site (collectively referred to as “Site”) or mobile application (referred to as “App”), You agree to be bound by these Terms of Use, as well as all applicable laws and regulations. You also agree to take responsibility for complying with any relevant local laws. These terms do not apply to any offline activities by WHSL Market (unless specifically stated). IF You DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE, MOBILE SITE or MOBILE APPLICATION. By Your continued use of this website, mobile site or mobile application You hereby agree to Your unconditional acceptance of the “Terms of Use for Website” agreement.

Materials on Site

The Sites (including past, present, and future versions) and all content that forms part of or is included on the Sites (“Content”) are owned, controlled, or licensed by WHSL Market. All Content of the sites (visual, audible, trademarks, copyrights, logos, domains, source code and anything else on the Site) are protected by copyright, trademark, patent, publicity laws, and other applicable laws, rules, regulations, and international treaties. No rights are granted to You unless given in writing from WHSL Market. All rights not specifically granted to You are hereby reserved by WHSL Market. WHSL Market is not limited in how it can use any of the Content.
All Contents of the Sites are protected under the United States copyright laws and/or similar laws of other jurisdictions. WHSL Market owns the copyrights to all Content on the Site and the entire Contents of the Sites are considered copyrighted. Third-party content providers own the copyright in Content that is original to them. You agree not to display or use any of the Content on the website without written permission from WHSL Market. The unauthorized use of any Content is strictly prohibited. You agree to comply with all additional trademark and copyright notices, information, and restrictions that may be found in any section of the Sites.

Services

Service and Website. WHSLMarket.com (referred to as the "Site," the "Service," "we," or "us," as applicable) offers educational services designed to support participants in the liquidation industry with the sale of liquidation merchandise. The Site is owned and operated by BuyLow Warehouse LLC DBA WHSL Market, a Limited Liability Company based in Tennessee.
User. As a user of the Service or a representative of an entity that is a user of the Service, You are a “User” according to this agreement (or “You”). You represent that You have full power, capacity and authority to accept these Terms on behalf of Yourself or Your employer.
Account Requirements. To set up an account and use the Service You must:
1. Be 18 years of age, or the age of majority in Your province, territory or country, to become a User. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
2. Provide Your legal full name, valid email address, zip code, and any other information we request to complete Your account-signup process.
3. Provide us with one or more Payment Methods (if requested). “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through Your account with a third party.
4. Personally and manually create Your account without using any automated means, except for any auto-complete feature offered by Your internet service provider. A third party may not create an account for You and You must not allow any third party to use Your information to create an account.
5. Account Ownership. The user who created the account and whose Payment Method is charged (the “Account Owner”) has access to and control over the account and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over access to the Service and not reveal the password or details of the Payment Method associated with the account to anyone. Account owners are not allowed to share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single-use only. You are responsible for updating and maintaining the accuracy of the information You provide to us relating to Your account. We can terminate Your account or place Your account on hold in order to protect You and/or Site. You must immediately notify us of any unauthorized use of Your account. We will not be liable for any loss or damage from Your failure to comply with this security obligation.

Use License

Permission is granted to temporarily use Site’s website for a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to download, display, use and view only. This is the grant of a temporary trial, not a transfer of title or permanent license, and under this license:
1. You may not modify or copy the materials;
  1. You may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  2. You may not attempt to decompile or reverse engineer any software contained on Site’s website;
  3. You may not remove any copyright or other proprietary notations from the materials; or
  4. You may not transfer the materials to another person or “mirror” the materials on any other server;
  5. You may not receive a refund for any circumstances;
  6. You may not access, request, scrape, or initiate conversions with the use of non-human browsing activity; these include but are not limited to robots, bots, wget and other functions, or any third-party applications.
There are no implied licenses under these Terms, and any rights not expressly granted to You hereunder are reserved by Site or its suppliers. You will not take any action inconsistent with Site’s ownership of the Developer Tools, Content or Logos.
This use license shall automatically terminate if You violate any of these restrictions and may be terminated by Site at any time. Upon terminating Your viewing of these materials or upon the termination of this license, Your account will be disabled and or deleted including any data stored on the account.
You recognize that any unauthorized use of the Contents of the Sites could result in irreparable harm to WHSL Market. In the event of such unauthorized use, You agree that we shall have the right to seek an injunction, in addition to any other legal or equitable remedies available.

User Materials

The Sites may allow You and other users to engage in various communication features, such as forums, blogs, and other interactive elements (collectively referred to as “User Messaging Functions”). Through these features, You may be provided with the opportunity to submit, post, and display content and/or materials (collectively, “User Materials”) to WHSL Market or on the Sites.
Unless specified otherwise in our Privacy Policy or on the Sites where You provide Your User Materials, You acknowledge that any User Materials You submit will be treated as non-confidential and non-proprietary, and it will not be returned to You. You confirm that either:
1. You hold the rights to the User Content You provide and have the authority to grant all the rights and licenses described in these Terms; or
2. You possess all necessary rights and permissions from the rightful owner(s) to enter into these Terms and grant WHSL Market these licenses.
WHSL Market may ask for proof of this to verify Your compliance with these Terms. You also agree that any submitted User Materials that are submitted may not be entirely secure.
You grant WHSL Market an unrestricted, unconditional, non-exclusive, worldwide, irrevocable, perpetual, and royalty-free license to use, display, reproduce, distribute, or otherwise exploit all or part of Your User Materials, in any form or medium, whether currently available or developed in the future. This license extends to any existing or future medium and may be used for various purposes, including, but not limited to, advertising, marketing, and promotion. You also agree that WHSL Market may freely utilize any ideas, concepts, or techniques contained within the User Materials You submit to the Sites, for any purpose, without any requirement for compensation. This includes the use of any personal information included in Your User Materials. Furthermore, You grant WHSL Market the right to sublicense these rights and authorize third parties to exercise any of the permissions granted under these Terms. Except where prohibited by law, You waive any moral rights in the User Materials, even if those materials are changed or altered in ways that You may not find agreeable.
You hereby agree that WHSL Market has no obligation to screen, monitor or enforce any intellectual property rights for User Materials uploaded, but may, in WHSL Market’s sole discretion choose to review, edit, distribute, delete or re-use any User Materials in any way without notice or liability.
WHSL Market is not responsible for any User Materials in any way. Any User Materials expressing opinions or advice belong solely to the respective User(s) and do not reflect the views of WHSL Market. We do not endorse, guarantee, or assume responsibility for the accuracy, completeness, or usefulness of any such User Materials.
By allowing You to post, access and view User Materials on the Sites, WHSL Market is not assuming any responsibility or liability of any kind or for any reason for such User Materials. You acknowledge that WHSL Market is not obligated to monitor, review, or take any action regarding the User Materials posted on the Sites. You also acknowledge to evaluate, bear all risks associated with, maintain all liability, responsibility and to indemnify WHSL Market for any User Materials posted as outlined in the “Disclaimers of Warranties and Limitations on Liability” Section of these Terms.

User Purchased or Downloaded Content

WHSL Market may offer certain products and services for purchase through the Sites. By placing an order:
1. You represent and warrant that You are at least 18 years old
2. You have the legal authority to use a valid credit card.
3. You have full authority to use the credit card or payment method You provide.
4. If You are required to supply credit card information, You authorize us to share with the credit card processing company for completion of Your transactions.
  1. By submitting this information, You agree that WHSL Market is not liable for unauthorized use of Your payment details.
  2. Some products or services You purchase or download through the Sites may be subject to additional terms and conditions, which will be presented at the time of purchase or download.
If You purchase downloadable content from the Site:
1. You are granted a limited, non-commercial, non-transferable, non-assignable, and revocable license to access the content, not purchasing the ownership of the content. This license allows You to access and use the content solely for Your personal, non-commercial purposes. All ownership rights remain with WHSL Market or its licensors.
2. You may not reproduce, distribute, display, broadcast, modify, create derivative works from, sell, rent, or exploit the content or any related software in any way, either fully or partially.
3. Any downloadable content or software made available through the Sites, are protected by copyright and are the property of WHSL Market or its licensors.

Payment

Billing. Site may offer the Service through a variety of billing methods, which include, but are not limited to, one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). Site will bill You on the date You subscribe to the Service (“Subscription Date”), and will continue to bill You in accordance with Your selected Subscription until You cancel the Service. You must cancel Your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Fees will be billed to Your Payment Method on the calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases Your payment date may change, for example if Your Payment Method has not successfully settled or if Your Effective Date began on a day not contained in a given month.
Payment Methods. To use the Service You must provide one or more Payment Methods (if required). You can update Your Payment Methods by going to the “Account” page of our Website, or, if unavailable You may contact us directly at the contact information found at the bottom of the Terms. Following any update, You authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated with Your account in case Your primary Payment Method is declined or no longer available to us for payment of Your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel Your account, we may suspend Your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge You certain fees relating to the processing of Your Payment Method. Check with Your Payment Method service provider for details.
Cancellation. You can cancel Your membership or stop using the Site at any time, and You will continue to have access to the Service through the end of Your pre-paid billing cycle. We do not provide refunds or credits for any partial membership periods. To cancel, please navigate our Website to Your account profile and follow instructions from there, or, if unavailable, contact our User Support team at support@WHSLMarket.com. If You cancel Your membership, Your account will automatically close at the end of Your current billing period.
Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to Your subscription plan will take effect following notice to You.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, You will continue to have access to the service through the end of Your current billing period.

Disclaimers of Warranties and Limitations on Liability

Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Site OFFERS THE WEBSITE AND SERVICE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Site DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN PARTICULAR, Site MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED THROUGH THE SERVICE, REGARDLESS OF THE SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE MATERIALS APPEARING COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. Site DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR, OR INCOMPLETENESS IN THE SERVICE.
Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Site, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO You ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY You OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF Site TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT You PAID US THE MONTH BEFORE.
Results Not Guaranteed. Site makes no guarantee or representation of any kind concerning the results of Your use of the Website or Service. Any testimonials or examples displayed or depicted through Site’s Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
Indemnification for Breach of Terms of Use. You agree to indemnify and hold Site, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Site by any third party due to or arising out of or in connection with Your posting or User Materials or use of the Site, App, Service or Website.
Third Party Resources. The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to You and do not imply any endorsement by or affiliation with Site. You acknowledge sole responsibility for, and assume all risk arising from, Your use of any such third party websites or resources. YOUR INTERACTIONS AND BUSINESS TRANSACTIONS WITH THIRD PARTIES DISCOVERED ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, PAYMENTS, DELIVERY OF PRODUCTS OR SERVICES, AND ANY ASSOCIATED TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY INVOLVED. WHSL Market STRONGLY RECOMMENDS THAT YOU REVIEW THE POLICIES, TERMS, RULES, AND PRIVACY PRACTICES OF ANY THIRD-PARTY SITE YOU ENGAGE WITH. WHSL Market DISCLAIMS ANY RESPONSIBILITY FOR ANY OUTCOME OR DAMAGE ARISING FROM YOUR DECISION TO USE ANY THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE SERVICES HOSTED ON THE SITE THAT MAY REQUEST AND RETAIN YOUR PERSONAL INFORMATION. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK.

Miscellaneous

The below notwithstanding, if You violate these Terms then we may seek injunctive or other equitable relief.

Privacy Policy. You consent to the collection, disclosure and use of Your data by Site according to our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service.
Intellectual Property. The Website, its original Content, features, functionality (including look), our trademarks, service marks, logos, and Service Content (“Intellectual Property”) are owned by Site and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through Site.
Trademark and Copyright License. Site, in its sole discretion, may use Your trade names, trademarks, service marks, logos, and domain names for the purpose of advertising or publicizing Your participation and use of the Software or any of its’ APIs.
User Data. “User Data” means information, data, and other content, in any form or medium, including Your billing and other personal information, that is submitted, posted, or otherwise transmitted by You, or a third party on Your behalf, through the Service. As between You and Site, You own all right, title, and interest, including all intellectual property rights, in and to the User Data. You hereby grant Site a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the User Data and perform all acts with respect to the User Data as may be necessary for Site to, but not limited to, providing the Service to You or to other Users and to make the software smarter in regards to its accuracy and predictability of the results and also grant Site a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the User Data for analytics purposes. Site will only use Your billing and other personal information for the purpose of providing You the Service. Any (paid or non paid) custom modules built by or for synccentric.com are the ownership of synccentric.com. We reserve the right to use any custom module for any such purposes including the use for other subscriber accounts.
International Users. The Service is controlled, operated and administered by Site from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Compliance with Law. You represent and warrant that Your use and interaction with Site and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If You are located in a country outside the United States it is Your responsibility to determine that You are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from Your breach of any part of these warranties.
Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.
Continued Obligation. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
Conflicting Terms of Service. In certain cases, both these Terms and separate terms of service outlining additional conditions ("Additional Terms") may apply to a service or product offered through the Sites. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will prevail unless explicitly stated otherwise.
Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Governing Law. This Agreement is governed by and construed according to the laws of Tennessee. The Promotional Partner submits to the jurisdiction of Tennessee courts in Davidson County, Tennessee and waives any objections to venue or forum inconvenience, or lack of personal jurisdiction. This provision will remain in effect even after the termination of this Agreement.
Assignment. You may not assign any of Your rights under this agreement to anyone else. We may assign our rights at our discretion.
Notice. All notices to You will be effective when we send it to the last email or physical address You gave us or posted on our Website. Any notice to us will be effective when delivered to us at:

Support@WHSLMarket.com  
WHSL Market  
8256 Dalewood Court  
Brentwood, TN 37027

Copyright Infringement. If copyrighted content that belongs to You was posted on the Website without Your permission please notify us at:

Support@WHSLMarket.com

WHSL Market

8256 Dalewood Court

Brentwood, TN 37027

Please include in Your notice:

An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
The name, address, telephone number, and email address of the copyright owner;
Identification of the copyrighted work that is being infringed;
Identification of where the infringing material is located on our Website (a URL works best);
A statement that You have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law;
A statement that the information in Your notice is accurate, and
A statement that You’re authorized to act on behalf of the copyright owner.
1. This statement must be made under penalty of perjury, meaning if any part of the statement is false, You could be committing perjury—a serious offense that’s sometimes even classified as a felony.
  1. Warning: If You knowingly make a false statement in Your claim of copyright infringement, then You may be subject to liability for damages and heavy civil penalties. If You are not sure whether material on one of our Websites infringes Your copyright, then You should speak with a lawyer before notifying us. We may forward Your notice to the user that uploaded the content.
Electronic Communications. When You use the Service, or send emails, text messages, and other communications from Your desktop or mobile device to us, You are communicating with us electronically. You consent to receive communications from us. We will communicate with You in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. All electronic communications submit to our Privacy Policy.
Entire Agreement. These terms, together with our Privacy Policy and any additional terms You have agreed to, constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.