Terms of Use — Club13 Wholesale
Effective date: [DATE] · [COUNSEL REVIEW — entire document before publication]
1. Acceptance. These Terms of Use govern your use of ws.club13.com (the “Site”), operated by Club13 Herbals (“Club13,” “we,” “us”). By using the Site you accept them. The Site is offered to businesses and their authorized representatives, aged 21 or over, for wholesale purposes only.
2. Relationship to the Wholesale Terms & Conditions. Purchases of products are governed by the Club13 Wholesale Terms & Conditions signed at application. If these Terms of Use conflict with that agreement regarding orders, pricing, payment, shipping, or returns, the Wholesale Terms & Conditions control.
3. Accounts. You are responsible for your login credentials and for activity under your account. Keep your password confidential and tell us promptly at info@club13.com if you suspect unauthorized use. We may suspend or close accounts that violate these terms or the wholesale agreement.
4. Acceptable use. Don't misuse the Site: no unauthorized access attempts, no scraping or bulk extraction of catalog or pricing data, no interference with the service, no false or misleading application information, and no use of the Site where products are prohibited by law.
5. Pricing confidentiality. Wholesale pricing shown to your account is confidential to your account, per your wholesale agreement. Don't publish or share it.
6. Product information. Catalog content describes flavor, format, and packaging and is provided for wholesale ordering. Availability and assortment may change. Nothing on the Site is medical advice, and no statement on the Site is a claim that any product diagnoses, treats, cures, or prevents any disease. [COUNSEL REVIEW — FDA-sensitive category language]
7. Intellectual property. The Site, its content, and Club13's names, logos, and product names belong to Club13 or its licensors. Approved customers may use product names and images we provide, solely for lawful resale of our products, as the wholesale agreement allows.
8. Third-party services. Payments are processed by Authorize.Net under its own terms. Carriers deliver under theirs. We're not responsible for third-party services we don't control.
9. Disclaimer. The Site is provided “as is” and “as available.” To the extent permitted by law, Club13 disclaims all warranties regarding the Site, express or implied. [COUNSEL REVIEW]
10. Limitation of liability. To the maximum extent permitted by law, Club13 is not liable for indirect, incidental, special, or consequential damages arising from use of the Site, and its total liability relating to the Site will not exceed one hundred dollars ($100) or the minimum permitted by law. Liability for product purchases is governed by the Wholesale Terms & Conditions. [COUNSEL REVIEW — cap amount and enforceability]
11. Indemnification. You will indemnify Club13 against claims arising from your breach of these terms or unlawful use of the Site.
12. Governing law. These terms are governed by the laws of the State of Florida, with venue in its state and federal courts. [COUNSEL REVIEW — consistency with wholesale agreement venue]
13. Changes. We may update these terms; continued use after posting is acceptance. Material changes will be flagged to account holders.
14. Contact. info@club13.com · Club13 Herbals, [postal address — pending counsel review].