Welcome to Esalespot! Esalespot and/or our subsidiaries and affiliates provide products, services, content, and other features to you when you use or shop on our mobile applications, Esalespot.com, Esalespot‘ social media properties, or our other websites and blogs, and/or other software provided by Esalespot (“Esalespot”). The Esalespot Sites are owned and operated by Esalespot International, a subsidiary of America’s Suppliers, Inc.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS.
- Updates to the Terms
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Esalespot Sites. Your continued access or use of any Esalespot Service or Esalespot Site following the posting and/or distribution of a revised, updated, or changed version of the Terms will mean that you agree to the revised, updated, and/or changed Terms.
- Registering Your Account
To make a purchase with Esalespot, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a Esalespot account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Esalespot Services and the Esalespot Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Esalespot Services and/or the Esalespot Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Esalespot Services or the Esalespot Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Esalespot Services or the Esalespot Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Esalespot Services and/or the Esalespot Sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS. In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to Mike@esalespot.com.
- Use of theEsalespot Sites
The Esalespot Services and the Esalespot Sites, your account, any Promotions that we provide, and/or your interactions with us, other Esalespot customers, or any third party that provides us services are subject to certain conditions. Without limiting anything else in these Terms, you agree that, without our consent, you will not: breach the Terms or any other agreement or policy that you have entered with us; abuse or exploit the terms of any Promotion; violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal Information; create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions; use the Esalespot Services or the Esalespot Sites for the benefit of exploiting any Esalespot Service, Esalespot Site, Promotion, or any part thereof, for any commercial purpose; infringe Esalespot or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that or upload to, distribute, or otherwise publish through the Esalespot Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties; refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us; use the Esalespot Services or the Esalespot Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you; use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules; disclose or distribute another user’s personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so; send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third Parties; take any action that imposes an unreasonable or disproportionately large load on our Infrastructure; use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Esalespot Services or the Esalespot Sites; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Esalespot Sites or the Esalespot Services; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Esalespot; use any meta tags or any other “hidden text” utilizing the Esalespot name or Trademarks; take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or use the Esalespot Services or the Esalespot Sites to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Esalespot Services, the Esalespot Sites, or a particular Promotion.
By using the Esalespot Sites, you represent and warrant that you are either at least 18 years of age or are using a Esalespot Site under the supervision of a parent or guardian. If you are under 18 years of age, you may only use the Esalespot Sites with the supervision of a parent or guardian.
Access and License
Subject to your compliance with the Terms and the intended use of the Esalespot Services and the Esalespot Sites and your payment of any costs or fees for the Esalespot Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Esalespot Services and the Esalespot Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us. All rights not expressly granted to you in the Terms are reserved and retained by Esalespot or its licensors, suppliers, publishers, rights holders, or other content providers. Much of the information and data and many of the images on the Esalespot Sites are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Esalespot Services or the Esalespot Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action.
Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Esalespot Services, the Esalespot Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Esalespot Services, the Esalespot Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Esalespot Services or the Esalespot Sites or use product images outside of the Esalespot Services or Esalespot Sites. You may not incorporate any portion of the Esalespot Services or Esalespot Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Esalespot Services or Esalespot Sites or otherwise assign any rights to the Esalespot Services or Esalespot Sites in whole or in part.
- Pricing, Taxes, Order Requirements, and Promotions
Pricing and Reported Savings
Esalespot continuously works to offer competitive prices on everything we carry and we try to offer the lowest prices whenever possible. In certain instances and for certain products, we also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on the Esalespot Sites against the prices for equivalent or similar bulk or wholesale sizes of products or retail sizes available on national e-commerce retail websites and mobile applications.
Items sold on the Esalespot Sites or through the Esalespot Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not Esalespot). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
With respect to those products that are not sold by Esalespot, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Esalespot only ships to the 48 contiguous states and the District of Columbia. Due to carrier restrictions, items requiring truck delivery cannot be shipped to Alaska, Hawaii, U.S. territories, APO/FPO or internationally. Shipments are delivered by UPS®, FedEx®, or other LTL carriers. The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. Please review our full shipping terms here. If you have questions about your delivery, please contact us at Mike@esalespot.com.
Minimum Order Requirements and Free Shipping
We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the Esalespot Sites.
We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the Esalespot Sites.
Terms of Promotions
From time to time, we may make certain offers, sales, promotional codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, promotional credits, new customer referral incentives, cash rewards (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes, and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the Esalespot Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the Esalespot Sites or the Esalespot Services, and may be suspended or terminated at any time by Esalespot, at Esalespot sole discretion. Certain promotions shall only be applicable on repeat orders. Esalespot determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any promoional code, cash rewards, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Esalespot in its sole discretion. Only valid promotional codes provided or promoted by Esalespot will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. Certain Promotions shall only be applicable to first orders.
Esalespot may exclude certain product categories, certain specific products, and certain brands from Promotions from time to time in the exercise of Esalespot‘ sole discretion.
Notwithstanding anything to the contrary herein, Esalespot may, in Esalespot‘ sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Esalespot Services, Esalespot Sites, or third-party provider’s services, subject to terms that Esalespot establishes on a per-promotional-code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Esalespot; (iii) may be disabled by Esalespot at any time for any reason without liability to Esalespot and without notice; (iv) may only be used pursuant to the specific terms that Esalespot establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Esalespot reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Esalespot determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.
Promotional, Gift, or Offer Codes
From time to time, we may offer qualified consumers “promotional codes,” “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “promotional codes”) that are redeemable towards a purchase on the Esalespot Sites or through the Esalespot Services while supplies last and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid promotional codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular promotional code terms and conditions, each promotional code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by Esalespot. Promotional codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promotional codes must be entered in the “Promo Code” field at checkout. Promotional codes are valid through the Esalespot Sites only. We are not responsible for lost, stolen or corrupted promotional codes or any unauthorized use of promotional codes.
Promotional codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits are allowed. The dollar value of any promotional code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each promotional code. Promotional codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
- Information and Product Descriptions
We may include product descriptions on the Esalespot Sites or descriptions of the Esalespot Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Esalespot Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. If you believe a product offered on the Esalespot Sites, is not as described, you may contact the Customer Care Team to process a return or to order a replacement.
If you find a description in poor taste, please notify Mike@esalespot.com, and it may be edited in our sole discretion.
Submissions or opinions expressed in any of the Esalespot Services or the Esalespot Sites are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Esalespot Services or the Esalespot Sites. Unless we expressly state otherwise, the fact that Esalespot has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations.
We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the Esalespot Services or the Esalespot Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to vendor promises visible on the packaging of the product and hence in the product image within the any of the Esalespot Services or the Esalespot Sites.
Our fulfillment centers handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients. The Esalespot Services and/or the Esalespot Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by Esalespot from manufacturers, vendors, suppliers, other services, newswires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Esalespot Sites or through the Esalespot Services.
You agree that Esalespot and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Esalespot, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Esalespot Services or the Esalespot Sites constitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE ESALESPOT SERVICES OR ON THE ESALESPOT SITES IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE ESALESPOT SITES.
- Out of Stocks
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such an item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
- Reviews, Communications, and Content
The Esalespot Sites may permit you, from time to time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” Esalespot may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to Esalespot through the Esalespot Services, on the Esalespot Sites or on other electronic communications (including through any part of Esalespot administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with Esalespot or the Esalespot Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. Esalespot may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Esalespot Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to Esalespot an royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that Esalespot is free to use any ideas, concepts, feedback, and know-how you provide to Esalespot. You grant Esalespot the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, Esalespot is free to use any ideas, concepts, know- how or techniques contained in any Submissions you send to Esalespot for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Esalespot does not endorse any submitted content or opinions on the Esalespot Sites or through the Esalespot Services and such submissions are that of the user expressing them.
- Intellectual Property
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Esalespot Sites are the exclusive intellectual property of Esalespot, are licensed to Esalespot by third parties, or are otherwise permitted to be used by Esalespot. The collection, arrangement, and assembly of all Content on the Esalespot Sites (the “Compilation”) belongs exclusively to Esalespot. The Esalespot Services and the Esalespot Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by Esalespot and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the Esalespot Services or the Esalespot Sites (the “Software”) is the property of Esalespot or its Software suppliers, which is also protected by U.S. and international copyright laws. Esalespot, Esalespot.com, Esalespot Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Esalespot‘ Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Esalespot Sites, or in the Esalespot Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all content, compilation, software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
- Disclaimers of Warranties
Important: This section is important because it is a disclaimer by Esalespot of certain warranties and liabilities. You understand and agree that Esalespot will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE ESALESPOT SERVICES, THE ESALESPOT SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ESALESPOT SERVICES OR THE ESALESPOT SITES ARE PROVIDED SOLELY ON AN AS IS; AND AS AVAILABLE BASIS AND, THEREFORE, YOUR USE OF THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES IS AT YOUR RISK. ESALESPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ESALESPOT SERVICES, THE ESALESPOT SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ESALESPOT SERVICES OR THE ESALESPOT SITES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE ESALESPOT SERVICES OR THE ESALESPOT SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE ESALESPOT SERVICES OR THE ESALESPOT SITES WILL BE SECURE; THAT THE ESALESPOT SERVICES, THE ESALESPOT SITES OR THE SERVERS THAT MAKE THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE ESALESPOT SERVICES, THE ESALESPOT SITES, OR THIRD PARTIES WORKING ON BEHALF OF ESALESPOT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE ESALESPOT SERVICES, THE ESALESPOT SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ESALESPOT SERVICES, THE ESALESPOT SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ESALESPOT OR THIRD PARTIES WORKING ON BEHALF OF ESALESPOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND ESALESPOT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE ESALESPOT SITES OR THROUGH THE ESALESPOT SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability
Important: This section is important because it explains how, and the extent to which, Esalespot limits many of its liabilities. Like many other companies, Esalespot limits its liabilities for various reasons, including because it helps us to provide the Esalespot Services and the Esalespot Sites in an efficient and user-friendly manner.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER ESALESPOT NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE ESALESPOT SERVICES, THE ESALESPOT SITES, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ESALESPOT SERVICES OR THE ESALESPOT SITES; (ii) ANY CONTENT POSTED ON THE ESALESPOT SITES OR AVAILABLE THROUGH THE ESALESPOT SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE ESALESPOT SERVICES, THE ESALESPOT SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE ESALESPOT SITES; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE ESALESPOT SERVICES OR THE ESALESPOT SITES; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE ESALESPOT SERVICES OR THE ESALESPOT SITES OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE ESALESPOT SERVICES OR THE ESALESPOT SITES; (vii) ESALESPOT REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE ESALESPOT SERVICES AND THE ESALESPOT SITES; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES; (ix) ANY ACT OR OMISSION OF YOU, ESALESPOT, OR ANY THIRD PARTY ON THE ESALESPOT SITES, AT OR ON PHYSICAL PREMISED OWNED, OPERATED, MAINTAINED, LICENSED, OR USED BY ESALESPOT, INCLUDING IN CONNECTION WITH THE PICKUP OF ANY PRODUCTS OFFERED ON THE ESALESPOT SITES BY YOU AT ANY ESALESPOT FULFILLMENT CENTER OR PARTICIPATION IN ANY EVENT, CONTEST, SWEEPSTAKE, PROMOTION, OR OTHER SIMILAR ACTIVITY CONDUCTED AT A PHYSICAL LOCATION; OR OTHERWISE ARISING OUT OF YOUR USE OF THE ESALESPOT SITES, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ESALESPOT, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ESALESPOT SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE ESALESPOT SERVICES OR THE ESALESPOT SITES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE ESALESPOT SERVICES AND THE ESALESPOT SITES IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE ESALESPOT SERVICES AND/OR THE ESALESPOT SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY.
THIS SECTION AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THIS SECTION 13 DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT ESALESPOT TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM ESALESPOT OWN INTENTIONAL OR RECKLESS CONDUCT.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, ESALESPOT TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE ESALESPOT SERVICES OR THE ESALESPOT SITES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO ESALESPOT. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE ESALESPOT SERVICES AND SITES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF ESALESPOT.
You agree, to the fullest extent permitted by law, to indemnify and hold Esalespot and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Esalespot Services or the Esalespot Sites, including in connection with your presence on any physical property owned, operated, licensed, or maintained by Esalespot from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third-party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the Esalespot Services or the Esalespot Sites caused damage to a third party. Esalespot reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Esalespot if and as requested by Esalespot in the defense of such matter.
- Risk of Loss
All goods and products purchased by you from Esalespot are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
- Return Policy
All return requests must be made within fourteen (14) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen (14) days after the date of delivery are not eligible for return. Case lots must be returned in the original shipping carton with all individual items unopened. No partial returns will be accepted. All shipping costs for merchandise authorized by Esalespot to be returned to Esalespot shall be at the customer’s expense. Please note that Buyer’s Remorse returns are eligible for a 20% restocking fee.
PLEASE NOTE: In accordance with Federal Health Codes, all food, grocery, intimate apparel, underwear, swimwear and adult novelty items, are not returnable. The only exceptions are manufacturer’s defects.
All purchases made with a Promo Code or pursuant to a Promotion are final and are not eligible for return, unless the reason for the return request is for errors or inaccuracies in the order made by Esalespot.
Users may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders. All specialized or custom purchases, including, without limitation, phone orders, orders made pursuant to purchase order, business orders, discounted orders, and custom pallet orders requiring special delivery accommodations by Esalespot, are not eligible for return, unless otherwise agreed in writing by Esalespot, in its sole discretion.
If the Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment center, which must occur within fourteen (14) days of the return approval confirmation. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
- Modifications to theEsalespot Services, the Modifications to the Esalespot Services, the Esalespot Sites, and Terms
Esalespot reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Esalespot Services and/or the Esalespot Sites with or without notice. Esalespot also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Esalespot Services, the Esalespot Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Esalespot Sites or through the Esalespot Services.
- Legal Compliance
You represent and warrant that (i) you not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Esalespot Services and the Esalespot Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Esalespot Services, the Esalespot Sites, any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of Termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
- Disputes – Agreement to Arbitrate Controversies
PLEASE READ THIS SECTION CAREFULLY — IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Esalespot and you agree that these Terms, and the use of the Esalespot Sites and the Esalespot Services, involve and affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply govern the interpretation and enforcement of this Section 22.
In these Terms, the capitalized word “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Esalespot Services, the Esalespot Sites, your use of any of the Esalespot Services, Esalespot Sites, Promotions, or to any products or services sold or distributed by Esalespot or otherwise through the Esalespot Services or the Esalespot Sites, your access or any other party’s access to and/or use of the Esalespot Services and the Esalespot Sites, and/or the provision of content, products, services, and/or technology on or through the Esalespot Services and/or the Esalespot Sites.
In the event of a Dispute, Esalespot or you must give the other party notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Esalespot by email and by U.S. Mail to 3033 N. 44th St., Ste. 330, Phoenix, AZ 85018. If Esalespot has your contact information, we will send any such notice to you by U.S. Mail to the address you have set in your account settings and to your email address.
You agree to try to resolve any Dispute with us through informal negotiations which are to begin within 30 days of the date that any notice of Dispute is sent by email and U.S. Mail to the other party. You and we agree to use reasonable, good faith efforts to settle any Dispute through consultation and negotiations. If after 30 days of such consultation and negotiation, we still cannot resolve the Dispute and if you or Esalespot do not want to continue reasonable, good faith efforts to settle the Dispute through consultation and negotiations, Esalespot or you may then resort to the other alternatives described in this section.
Notwithstanding anything to the contrary contained in this Section 22, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Esalespot Services or the Esalespot Sites shall not be subject to the notice, 30-day negotiation period, or arbitration as otherwise required by this Section 22. Except as otherwise specifically set forth in this Section, if a Dispute of any kind between you and Esalespot remains unresolved after 30 days of reasonable, good-faith efforts to settle the Dispute through consultation and negotiations, the Dispute shall be resolved by binding arbitration. This arbitration provision will also apply to any Dispute between you and any present or future parent, subsidiary, or affiliate of Esalespot, or any employee, officer, director, or investor of Esalespot.
Arbitration is more informal than a lawsuit in court in that there is no judge or jury in arbitration. Arbitration seeks to resolve disputes more quickly and court review of an arbitration award is limited. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. Esalespot and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Esalespot and you understand that, absent this mandatory arbitration provision and other applicable Terms, Esalespot and you would have the right to sue in court and have a jury trial. Esalespot and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The arbitrator’s award will be in writing, shall be binding, and may be entered as a judgment in any court of competent jurisdiction.
Arbitration under this agreement shall be conducted by a single arbitrator, and at a location, governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. You agree to submit to the personal jurisdiction of any state or federal court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Esalespot is specifically required to pay such fees under applicable law. If for any reason a Dispute between Esalespot and you is before a court (e.g., if the arbitration provisions are found unenforceable), Esalespot and you agree to waive, to the fullest extent allowed by law, any trial by jury. As more fully set forth above, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
- Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
For purposes of this Section 23, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Esalespot Services, the Esalespot Sites, any products or services sold or distributed by Esalespot or otherwise through the Esalespot Services or the Esalespot Sites, your access or any other party’s access to and/or use of the Esalespot Services and the Esalespot Sites, and/or the provision of content, products, services, and/or technology on or through the Esalespot Services and/or the Esalespot Sites.
Esalespot and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Esalespot and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Phoenix, Arizona. If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Esalespot, or any employee, officer, director, or investor of Esalespot, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
- Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if 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 shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
- Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please email Mike@esalespot.com
- Contact Us
For questions or comments regarding the Esalespot Services or the Esalespot Sites, please contact us using the information below: