Accessing Our Site
YOU AGREE THAT ACCESSING OR USING OUR SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION THAT YOU SUBMIT TO THIS SITE IN ACCORDANCE WITH WDS’S COMMERCIAL DATA PRIVACY STATEMENT, WHICH IS HEREBY INCORPORATED INTO AND MADE PART OF THESE TERMS BY REFERENCE.
ADDITIONALLY, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING OUR DISCLAIMERS OF WARRANTIES, DAMAGE CAPS, AND REMEDY EXCLUSIONS, LIMITATION OF ACTIONS, LIMITATIONS OF LIABILITY AND OTHER LIMITATIONS, AND THE CHOICE OF DISTRICT OF COLUMBIA LAW AS THE EXCLUSIVE FORUM FOR RESOLUTION OF ALL DISPUTES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.
WE MAY MODIFY THESE TERMS AT ANY TIME, AT OUR DISCRETION, AND MODIFICATIONS ARE EFFECTIVE UPON BEING POSTED ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES TO IT BECAUSE YOUR CONTINUED USE OF THE SITE WILL MEAN THAT YOU ACCEPT SUCH CHANGES.
Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Out-of-Stock Products We shall ship your product as it becomes available. However, there may be times when the product you have ordered is out-of-stock or other circumstances which could delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and/or unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
Multiple Product Orders For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Payment – Credit Cards and PayPal We accept the following credit cards: Visa, MasterCard, Discover, and American Express. You may also make payment(s) via PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
Payment – Money Orders, Cashier’s Checks, Company Checks, & Personal Checks We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge the bank’s fee to us on all returned checks.
Payment – Purchase Orders We do accept Purchase Orders for payment. We must approve your organization for credit terms and conditions. We have the right to refuse credit terms to organizations that do not meet/exceed our credit requirements. Standard purchase order terms are net 30 days. We do not provide any credit terms to customers outside the United States. International customers can use bank wires, credit cards, or PayPal to make purchases.
Taxes Our website Store is configured to automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state as our locations. For orders shipped to other states, customers other than the government, are solely responsible for reporting all sales taxes or other taxes.
Warranty and Guarantee All products shipped are covered solely by their manufacturer’s warranty or guarantee. Product warranty/guarantee specifics are usually located in the product packaging. If a product fails to perform as warranted, please contact the manufacturer. WDS does not warrant or guarantee any of the products. See our DISCLAIMER and LIMITATION OF LIABILITY clauses below.
Risk of Damage or Loss WDS does not assume risk of damage or loss during shipment. That risk is assumed by the manufacturer according to its own terms and conditions and/or the purchaser, as applicable.
Typographical and Computer Errors We work very hard to eliminate store errors and provide the most updated product information and pricing. With thousands of products and SKUs, everything may not be 100% perfect. In the event a product is listed at an incorrect price due to typographical, computer error, or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for products listed at the incorrect price without liability. We have 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 canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. If you feel the pricing is incorrect after you placed an order, please send your order number and contact information to us. We will do our best within reasonable efforts to resolve any Site errors. If we cannot resolve the situation, we will request you return the unused or undamaged product in the original packaging to us within 5 business days and we will provide a full refund.
User Conduct By using the Site, you agree that you shall not: (a) use any robot, spider, or other automatic or manual device or process for the purpose of “scraping”, “crawling”, harvesting, or compiling information on the Site for purposes other than for a generally available search engine; (b) delete, modify, hack, or attempt to change or alter any of the Content on the Site; (c) attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site;
(d) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site; (e) use any of WDS names, service marks, logos, trademarks or other Intellectual Property Rights without our prior written consent, including without limitation such as metatags, search engine keywords, or hidden text; (f) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(g) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or (h) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
Permissible Use Except as indicated to the contrary elsewhere on the Site or these Terms, you may view, copy, retransmit, and print the Content available on the Site subject to the following conditions: (a) you may use the Content only for personal, informational, or non-commercial purposes; (b) you may not provide, sell, license, or lease the Content for any fee or other consideration; (c) you must ensure all copyright, trademark, and other proprietary rights or notices included in the Content as presented on the Site appear on all copies; (d) you may not modify or alter the Content in any way; and (e) you may not use any graphics separately from accompanying text.
Performance/Termination/Modifications of Site You acknowledge that the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. We reserve the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, for any reason, with or without notice to you and we are not obligated to support or update the Site. These Terms shall survive any termination or cancellation. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that the site is not continuously available or we exercise our right to modify or terminate access to the Site or portions of the Site.
Pricing is Subject to Change without Notice We work with many manufacturers and carry millions of products. The manufacturers determine when to change prices. Sometimes we have timely notice of pricing changes and sometimes we do not. Price updates are a continual process and products can be repriced at any time. We will always do our best to update product prices to ensure a quality and reliable experience from our company. However, we are not liable in the event that we do not update the product prices.
Copyright and Trademark Notice Unless otherwise specified, all materials appearing on this Site, including the text, Site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store. You may use the content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purpose. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Site Content and Intellectual Property Rights (a) Except as otherwise provided by a third party, all content on the Site is owned by WDS and/or its licensors. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws (collectively, “Intellectual Property Rights”). (b) Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you. We and our third-party licensors retain all of our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved. (c) Except as expressly provided in these Terms or otherwise expressly authorized in writing by WDS, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without our express prior written permission. (d) Without limiting this Section, you acknowledge that all trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of WDS, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. No trademark or service marks of WDS or any other party may be used as a domain name without prior written permission; (e) Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only, including through Linked Sites. Third-party trademarks, trade names, logos, or product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners; (f) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL NONCONFORMITIES, FLAWS AND DEFECTS. WDS AND OUR AFFILIATES, OUR SUPPLIERS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, LINKED SITES, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITE. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE WILL CREATE ANY WARRANTY OR COVENANT NOT EXPRESSLY MADE IN THESE TERMS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WDS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO AND MAKES NO REPRESENTATIONS REGARDING THE SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY AGREEMENT OR CONTRACT, INFORMATION, STATE STATUTES, OR OTHER DATA DISPLAYED ON OR THROUGH THE SITE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
The Site is designated and provided for informational purposes only. Nothing on the Site constitutes legal advice or recommendations or endorses any products, services, companies, suppliers, or information for any particular circumstances. You expressly acknowledge and agree that we are not responsible for and shall not be liable for, and hereby release us from any and all claims, actions, damages, costs or expenses incurred in connection with your use of the Site.
LIMITATION OF LIABILITY/CAP ON DAMAGES
IN NO EVENT SHALL WDS, ITS AFFILIATES, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Dispute Resolution, Governing Law, Exclusive Forum These Terms will be governed by and construed in accordance with the laws of the District of Columbia without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules, and regulations of the United States will govern. You agree that exclusive venue for all actions, arising out of or relating in any way to your use of the Site or our Content, shall be in a federal or state court of competent jurisdiction located in the District of Columbia. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
Limitation of Actions You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by WDS to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
Integration These Conditions will supersede any terms and/or conditions you include with any purchase order and ordering notes, regardless of whether we sign them or not. We reserve the right to make changes to this site and these Conditions at any time.
Acknowledgement You acknowledge that you have read and understood these Terms and that these Terms have the same force and effect as a signed agreemen.