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PRIVACY NOTICE AND PRIVACY POLICY

This Privacy Policy describes the ways that the U.S. Package Consolidator collects, uses, protects, transfers, and discloses information that you, the Service Provider, or the Reseller provide to the U.S. Package Consolidator, including but not limited to information you submit to the website of the Service Provider and/or the Reseller that is then forwarded to the U.S. Package Consolidator, that the U.S. Package Consolidator collects or receives through its website (with all such media used for providing information to the U.S. Package Consolidator collectively referred to as the "Website").

Philosophy

The U.S. Package Consolidator is dedicated to protecting the privacy of your personal information. "Personal information" includes information about you by which you may be personally identified, including, for example, your name, address, email address, telephone number, age, gender, date of birth, account numbers, VAT/Tax ID, and financial and payment information. This Privacy Policy does not apply to the practices of companies that the U.S. Package Consolidator does not own or control, or to people whom the U.S. Package Consolidator does not employ or manage, including any third party advertisers or other websites that may link to or be accessible from the Website.

Your Consent

By accessing or using the Website, you consent to this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, you may not use the Website.

Changes to the Privacy Policy.

The U.S. Package Consolidator reserves the right to modify this Privacy Policy at any time and without prior notice. All changes to this Privacy Policy will be effective immediately upon their posting by the U.S. Package Consolidator at http://123buyusa.com. We will notify you of any material changes to this Privacy Policy by conspicuously posting the changes on http://123buyusa.com. Each version of our Privacy Policy will be prominently marked with the date it was last updated. By continuing to use the http://123buyusa.com after we change the terms of this Privacy Policy, you consent to those changes. It is your responsibility to periodically check http://123buyusa.com for changes.

Information The U.S. Package Consolidator May Collect

We collect several types of information from and about you when you access and use the Website, including the following:

Non-Personal Information. When you visit the Website, we may collect non-personal information about you automatically as you navigate through the Website via certain Internet technology tools, including cookies, web beacons, and other tracking technologies. "Non-personal information" we may collect includes, for example, your IP address, details about how you use the Website, what Website features you access, information regarding the type of browser and operating system that you use, what website you linked from to the Website, other websites you have visited, and other similar analytic data. Non-personal information also includes personal or non-personal information that has been aggregated or pseudonymized in such a way that you cannot easily be identified individually. We may use third party service providers to assist us in collecting and analyzing non-personal information or to provide advertisements or other content on the Website.

Personal Information. We may collect personal information:

  1. when you provide it to us directly, including through forms on the Website (including, for example, when you register for our service, purchase a membership, use our services, or otherwise);
  2. when you send us an email or when you Live Chat; and
  3. from third-party service providers who assist us in collecting and analyzing personal information.

If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to the U.S. Package Consolidator a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.

How We Use The Information We Collect

We use personal and non-personal information:

  1. To determine how much traffic the website receives, to statistically analyze website usage, to diagnose problems with our server, to improve website content, to customize the website's content, layout and services, and to otherwise provide the Website to you and other users;
  2. To process payments and complete transactions;
  3. To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
  4. To send you communications, including newsletters or special offers to members if you have requested that service;
  5. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  6. To fulfill the purpose for which you provide it;
  7. As otherwise may be disclosed at the point of collection; and
  8. For any other purpose with your consent.

We do not sell, rent, or loan our email lists to outside firms.

We may retain the content of any emails or messages you send us, and your name, your email address, and our response in order to handle any follow-up questions you may have. We may also use this information to measure how effectively we address your concerns.

Information Sharing And Disclosure To Third Parties

Non-Personal Information. Because non-personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.

Personal Information. The U.S. Package Consolidator may share or disclose your personal information:

  1. To affiliated companies or other trusted businesses or persons who work on behalf of or with the U.S. Package Consolidator. The U.S. Package Consolidator may use third party service providers to host a website or perform other website functions, to help the U.S. Package Consolidator administer its business, or to communicate with you, the Service Provider, or the Reseller about offers or other information relevant to your or their relationship with the U.S. Package Consolidator. For example, the U.S. Package Consolidator may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
  2. In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise the U.S. Package Consolidator's legal rights or defend against legal claims;
  3. If the U.S. Package Consolidator believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
  4. To enforce or apply this Privacy Policy, the Terms and Conditions, or other contracts with you or with third parties, including for billing and collection purposes;
  5. With a potential acquirer or buyer, if the U.S. Package Consolidator becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
  6. To fulfill the purpose for which you provide it;
  7. As otherwise may be disclosed at the point of collection; and
  8. For any other purpose with your consent.

The U.S. Package Consolidator will not share or disclose your personal information except in accordance with this Privacy Policy without providing you with notice.

Transfer of Personal Information to the United States

The U.S. Package Consolidator is based in the United States. By providing your personal information and by using the Website, if you are located in a country other than the United States, you expressly consent to the transfer of your personal information to the United States where data protection laws may not be considered adequate when compared with the data security laws in your country, or may not be as stringent as such laws. You also expressly consent to the disclosure to third parties of your personal information which is transferred to the United States in accordance with this Privacy Policy and the Terms and Conditions. The U.S. Package Consolidator may use third party service providers, as mentioned in this Privacy Policy, that may be located in the United States or elsewhere in the world. By providing your personal information and by accessing or using the Website, you expressly consent to the transfer of your personal information to such third party service providers, wherever they may be located.

Your Choices

Upon written request and verification of your identity, we will provide you with your personal information in our possession. You may request such information by contacting us as described below. You may also update or correct your personal information in our possession by contacting us as described below or by updating your information through the Website.

Please note that if you request we delete your information, that deletion may not happen immediately. We may retain your personal information subject to our reasonable business or legal requirements to do so, including, for example, to comply with requests from law enforcement.

You may be able to disable cookies or other tracking technologies through which we collect information about you by adjusting your browser preferences on your computer; however, doing so may limit your ability to take advantage of all of the features of the Website. The U.S. Package Consolidator does not control the cookies or other tracking technologies used by third parties, including service providers. You should contact those third parties if you have questions or concerns regarding their use of cookies or other tracking technologies.

Your California Privacy Rights; Do-Not-Track Disclosure

California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding the U.S. Package Consolidator's disclosure of personal information to third parties for those third parties' direct marketing purposes. To make such a request, please contact us as described below.

You browser may include a "do not track" setting that allows you to automatically send a signal about your privacy preferences to websites that you visit. The U.S. Package Consolidator is committed to protecting your privacy in accordance with this Privacy Policy, but does not respond to "do not track" signals.

Links to or from Third Party Websites

You may have the opportunity to follow a link to other websites that may be of interest to you from the principal website hosted by the U.S. Package Consolidator. The U.S. Package Consolidator endeavors to only link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by the U.S. Package Consolidator and the U.S. Package Consolidator is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before following such links.

The U.S. Package Consolidator website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. The U.S. Package Consolidator is not responsible for those products or services or the privacy practices of those affiliates; you should contact those affiliates directly if you have questions or concerns about their privacy practices, products, or services.

Security

The U.S. Package Consolidator takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your personal information. These measures include internal reviews of the U.S. Package Consolidator's practices and security measures, including a review of the U.S. Package Consolidator's encryption and physical security measures to guard against unauthorized access to systems where the U.S. Package Consolidator stores personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not and the U.S. Package Consolidator is not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your personal information also depends on you. You are responsible for maintaining the confidentiality of any usernames, suite numbers, passwords, and other login credentials that you receive associated with this Agreement. The U.S. Consolidator recommends that you do not share that information with third parties. We also recommend that you be careful not to post any personal information in public areas of a website or blog operated by the U.S. Package Consolidator, as that information may be viewed by other users or third parties that you do not know.

Children Under the Age of 13

The U.S. Package Consolidator is committed to protecting the privacy of children. The U.S. Package Consolidator does not knowingly collect personal information from children under the age of 13. If you are under 13, you may not use or provide any information to us through the Website. If a child under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us as described below, and we will remove the information.

Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices, please contact the Service Provider or the Reseller.

I. TERMS OF SERVICE
  1. WS1 will provide Member with a suite number at the WS1 facility located in the United States at which Member can have mail and/or merchandise delivered prior to export.
    1. WS1' services consist of acting as an agent of Member for consolidation and export purposes by receiving Member's merchandise, which will be sorted, packed, and consolidated. At Member's direction, WS1 arranges for export to the Member's specified local address by a service provider, which acts as the freight forwarder and/or carrier for the shipment. WS1 does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by WS1 will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail (for a Premium+Mail Member only) and packages will be sent. Members also authorize WS1 as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
    2. Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of a Member.
  2. For Premium+Mail Members, WS1 will also receive Member's mail (i.e., letters, catalogs, and newspapers), however, WS1 cannot hold or store mail that will not fit into a 4 inch-tall mailbox. WS1 will notify Member via e-mail once his/her mailbox is full, and Member will have five (5) days to either (a) request shipment of the mail or (b) request that WS1 discard the mail. If no reply is received from the Member, it is deemed that Member is directing WS1 to send the mail to Member's address on record through a freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the sole responsibility of Member in accordance with these Terms and Conditions.
  3. Member authorizes WS1 to charge his/her payment method for all services and/or account activity with WS1. Such charges may include but are not limited to membership dues, shipping and handling charges, customs duties, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
  4. If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, Member authorizes WS1 to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice(s) of $3,000 in the aggregate, the Company may either charge Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each, or (iii) any other combination that in the aggregate equals $3,000.
  5. Shipping costs are based on the weight and dimensions of Member's shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
  6. Member may receive an account credit in Member's WS1 account issued by the WS1 Customer Service Team. Account credits may only be redeemed towards eligible services purchased under Member's WS1 account. Member will have a period of twelve (12) months from the date the account credit is received in Member's WS1 account to use the account credit. In the event Member does not use the account credit in the twelve (12) month period, the account credit will be automatically forfeited by Member upon expiration of the twelve (12) month period. Account credit is not redeemable for cash and cannot be transferred to any other Member account or third party. WS1 reserves the right to apply Member's account credit towards Member's delinquent account charges.
  7. WS1 will allow active Premium and Premium+Mail Members to store their merchandise for up to thirty (30) days at no charge. WS1 will allow active Basic Members to store their merchandise for up to five (5) days at no charge. After thirty (30) days for Premium and Premium+Mail Members, or after five (5) days for Basic Members, Member agrees to pay storage charges per box per day, consistent with WS1' current schedule of fees. All Members, regardless of membership type, agree to ship their merchandise within sixty (60) days of merchandise arriving to their WS1 suite.
    1. Where merchandise remains in a Member's suite for more than sixty (60) days (e.g., 61 days or greater), Member authorizes and directs WS1, at WS1' discretion, to ship such merchandise to Member's current shipping address. Where a Member owes money on their WS1 account or Member's payment method will not process appropriately, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs WS1, at WS1' discretion, to retry payment processing one (1) calendar week later, on day 67. If that attempt is not successful, Member's merchandise will remain on hold, accruing storage, and Member authorizes and directs WS1 to retry payment processing one (1) calendar week later, on day 74. If the third attempt to process payment is not successful, Member acknowledges and agrees that the merchandise is no longer considered shippable nor storable and will be forfeited by Member to WS1 in order to be sold, destroyed, or otherwise disposed of in a legal and environmentally compliant manner. WS1 reserves the right to amend this policy in practice as appropriate and necessary to WS1' business operations.
  8. Prohibited or restricted merchandise is not storable and, at the discretion of WS1, will be rejected, forfeited (and sold), destroyed, or provided to government officials.
  9. Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by WS1. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or enhanced liability protection. Any liability for damage or loss caused after delivery to WS1 is limited to the lesser of (i) the declared value, (ii) proof of purchase price, or (iii) the specific commodity liability limit. WS1 does not and will not assume liability for damage or loss to any merchandise caused before delivery to WS1 or by prepackage by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.
  10. In addition to WS1' standard limitation of liability above, Members may purchase enhanced liability protection against risk of physical shipment loss or damage. A fee of US $2.99 will be applied for every US $100 of value. The enhanced liability is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually, and any claim payment will be based on the declared value.
  11. NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM ENHANCED LIABILITY VALUE ON ANY SHIPMENT ACCEPTED BY WS1 IS TEN THOUSAND DOLLARS (US$10,000.00) AND IN NO EVENT WILL THE LIABILITY OF WS1 EXCEED THAT AMOUNT.
  12. WS1 will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.
  13. Either party may cancel these Terms and Conditions with written notice (via email, fax, letter, or, to the extent provided by WS1, online). Upon cancellation, Members may be entitled to receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate for a Premium+Mail Membership and a Premium Membership listed in WS1' current schedule of fees. Refunds will be processed within ten (10) business days of cancellation.
  14. Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to WS1 by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to WS1 and grants to WS1 a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped under Member's account to WS1 .
  15. If a Member's account charges become delinquent for more than thirty (30) days, WS1 may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
  16. Without limiting the generality of the foregoing, WS1 may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (a) collect, receive, appropriate and realize upon any such parcels and (b) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of WS1 or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. WS1 shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
  17. Title to any items that cannot be exported after arrival at the WS1 facility will be forfeited by Member. WS1 will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (a) selling any items not returned to the seller, (b) destroying such items, or (c) providing such items to a government official.
  18. Member agrees and acknowledges that he/she shall purchase any and all merchandise from sellers in a manner that (a) transfers title to Member prior to the time that the merchandise is received at the WS1 warehouse and (b) in accordance with risk of loss terms that provide either that the buyer or Member bears the full costs and risks of moving the goods from the buyer's location to the WS1 warehouse.
  19. Monthly membership charges and setup charges are non-refundable.
  20. If a Member's account charges become delinquent for more than thirty (30) days, WS1 may, at its sole discretion, cancel Member's membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
  21. Monthly and annual memberships are automatically renewed unless Member advises WS1 in writing that he/she wishes not to renew his/her membership.
  22. There is no membership fee for a Basic Account. Charges of a Basic Account are incurred only for initial set up, processing, shipping, and other shipping-related services.
  23. Each package received by WS1 with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with WS1' current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the sender or discarded.
  24. All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with WS1' current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with WS1' current schedule of fees, for each fifteen (15) day period that an order remains past due.
  25. Member's WS1 suite number is to be used only for package consolidation purposes.Member will not represent that its WS1 suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its WS1 suite number is the address of Member's place of business or residence.Failure to comply with this requirement may result in the cancellation of Member's WS1 account.
  26. Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. Member acknowledges that WS1 is not responsible for any action taken by the seller with respect to Member's order as a result of the seller's terms and conditions of sale.
  27. Member also is responsible for informing the seller that any merchandise purchased and sent to WS1' facility ultimately will be exported out of the United States. Additional information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below. It ultimately is the responsibility of Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to WS1 by the seller.

II. COMPLIANCE WITH LAWS
  1. Compliance With Export and Import Laws
    1. Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which Member's shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including, without limitations, those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.
      1. Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by WS1 is available on our Prohibited and Restricted Items page.
    2. Member represents and warrants that (a) the recipient of any items consolidated by WS1 is the end user of any and all merchandise and mail that Member has requested be exported through a freight forwarder or carrier to the recipient's address, or, if Member is reselling the merchandise, Member can identify the end users and provide WS1 with any requested information on such end users, (b) any and all merchandise and mail that Member requests be consolidated by WS1 will be used in the country to which Member requests shipment, and (c) Member will not re-export the merchandise and mail to a different destination. Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through WS1, and Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. WS1 reserves the right to request that Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by WS1.
    3. If Member is a reseller, Member agrees to be bound by the following terms:
      1. As a condition of Member's membership with WS1, Member agree to be bound by all terms and conditions of WS1. The most recent version of these Terms and Conditions is available at https://www.WS1/terms-conditions/. These Terms and Conditions are subject to change at any time.
      2. Member shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the WS1 services to any destination, end-user, or for any end-use prohibited by the laws of the United States. By accepting these Terms and Conditions, Member agrees to comply with all relevant export laws of the United States. This includes providing any documentation requested by WS1 for compliance purposes and ensuring that any names or addresses that Member adds to Member's WS1 account and customers to whom Member resells do not appear on a U.S. Government denied party list.
      3. Member recognizes that products consolidated and exported using the WS1 services from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:
        • made in the U.S. or contains a certain amount of U.S.-origin content;
        • foreign-origin but has "traveled" through the U.S.;
        • developed from U.S. technology;
        • sold by a U.S. citizen anywhere in the world; or
        • made by a U.S. company anywhere in the world.
          Thus, the products consolidated and exported using the WS1 services from the United States are subject to the controls of the EAR.
          WS1 has provided the following links to pertinent government websites for Member's convenience:
        • Export Administration Regulation (EAR) § 736 – 10 General Prohibitions
          https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions
        • International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120 – 130
          http://pmddtc.state.gov/regulations_laws/itar.html
        • Consolidated Screening List for U.S. Government Denied Parties
          http://export.gov/ecr/eg_main_023148.asp
      4. Member represents and warrants that the items Member purchases for resale will be sold or distributed by Member's organization and that with respect to such items Member will comply with the applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the end user of Member's products resides, operates, or will receive shipments, including but not limited to the laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice. Member will further ensure that any person or name to which Member is shipping, either directly or indirectly, does not appear on a U.S. Government denied party list. The Consolidated Screening List for U.S. Government Denied Parties is available at http://export.gov/ecr/eg_main_023148.asp.
      5. Member agrees that Member will comply with all regulatory requirements with respect to products classified under Export Control Classification Number ("ECCN") 3A991.a.1. Specifically, Member certifies that pursuant to Section 744.17 of the EAR, Member will not re-export items classified as 3A991.a.1 without an export license from BIS if Member has reason to know or is otherwise informed that the item will be or is intended to be used for a military end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of countries in Country Group D:1 is available at http://www.bis.doc.gov/index.php/forms-documents/doc_download/944-740-supp-1).
      6. Member agrees that only items purchased from the United States will be routed through WS1 (i.e., Member will not knowingly purchase items from outside of the United States to be imported to the WS1 facility in the United States).
      7. Member recognizes that when purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, that Member intends to export the merchandise purchased from the United States. Member agrees to provide to WS1 all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
      8. Member acknowledges that Member will serve as the Importer of Record into the destination country for all transactions conducted using the services of WS1. Member is responsible for complying with all import obligations or license requirements of the destination country.
        • To the extent that Member is a reseller and the ultimate purchasers (i.e., Member's customers) are known to Member at the time you export merchandise using the WS1 services (e.g., Member transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:
        Member must provide WS1 with the identity of Member's customer prior to conducting a transaction on behalf of that customer. The customer should be added to Member's WS1 account as an additional named person benefitting from the account (i.e., added as an "additional name"). Ultimately, Member is responsible for conducting screening to ensure that Member does not export to a Prohibited Persons, as defined in these Terms and Conditions, using the services of WS1 or any freight forwarders and/or carriers.
      9. Member's customers also must agree in writing (or by electronic affirmation) to be bound by these Terms and Conditions. WS1 has the right to request a copy of this writing at any time. Member should provide Member's customers with language along the following lines prior to engaging in a transaction with these individuals:"This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at ‘www.123buyusa.com'."
    4. As Foreign Principal Party in Interest, Member hereby notifies the US Principal Party in Interest that Member expressly assume responsibility for determining licensing requirements and obtaining licensing authority, if any, for the export shipment of merchandise purchased from the USPPI, such that Access USA Shipping, LLC, Member's U.S. agent, will be the exporter of record for purposes of the Export Administration Regulations ("EAR"), consistent with the requirements of 15 CFR § 758.3(b).
  2. Prohibited and Restricted ItemsThe following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
    1. Combustible/flammable items (paints, oils, lighters, perfume, nail polish).
    2. Any type of pressurized can (hair spray, shaving cream, spray cans of any type).
    3. Hazardous materials (matches, chemicals, explosives).
    4. Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
    5. Agricultural products such as tobacco, plants and seeds (restricted to some destinations).
    6. Coffee (restricted to some destinations).
    7. Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through WS1 may not be returned to or resold in the United States.
    8. Animals and products made with animal skin (furs).
    9. Alcohol (WS1 may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia).
    10. Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of $500 carriage limit is uninsured and Member assumes all risk of loss above such limit.
    11. Lottery tickets and gambling devices.
    12. Prescription and/or veterinary medication.
    13. Pornography.
    14. Lock picking devices.
    15. Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
    1. Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of Member. Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which Member's shipment may be carried. Member also understands that WS1 is not responsible for the loss of any software and/or data.
    2. Member acknowledges that WS1 will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by WS1. Member also acknowledges that WS1 does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by WS1 is available on the Prohibited and Restricted Items page.
    3. Member is responsible for confirming that prohibited items listed in the WS1 Prohibited and Restricted Item page are not sent to WS1. See Restricted and Prohibited Items Page for more information. WS1 reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
    Additional information is available on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the trade.gov website.
  3. Prohibited and Restricted End Users and Destinations
    1. WS1 will not provide services to any of the following countries/regions:
      1. Cuba
      2. Iran
      3. Myanmar
      4. North Korea
      5. Sudan
      6. Syria
      7. Libya
      8. Ukraine: Crimea Region and the so-called Donetsk People's Republic (DNR) or Luhansk People's Republic (LNR) regions of Ukraine.
    2. WS1 will not provide service to persons and/or entities identified on: (1) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control. WS1 reserves the right to update this list at any time to reflect current law and regulations. WS1 also will not provide service to any person or entity that is directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).
    3. At no time shall Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of these Terms and Conditions, a "Prohibited Person" shall mean (a) a Person who is a "designated national," "specially designated national," "specially designated terrorist," "specially designated global terrorist," "foreign terrorist organization," "specially designated narcotics trafficker," or "blocked person" within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the "OFAC Regulations") or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC's website); (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
    4. In the event that a Member is believed potentially to be a Prohibited Person or requests that WS1 arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, WS1 may ask Member to provide documentation to show that Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of WS1, WS1 reserves the right to remove the shipping address of such potential Prohibited Persons from Member's WS1 account or to cancel Member's WS1 account, WS1 also reserves the right to request a signed Statement of Assurance from Member stating that Member understands his or her obligations under U.S. export law and that Member will conduct screening to ensure that Member does not export to Prohibited Persons using the services of WS1 or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
  4. Compliance with the Foreign Trade RegulationsWS1 takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by Member and the U.S. seller.
    1. Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest ("USPPI"), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by Member. Member agrees to provide to WS1 all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is required).
    2. If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, Member is responsible for providing WS1 with the true and accurate price that Member paid for the merchandise, if Member purchased it. In all circumstances, Member represents and certifies that any value provided to WS1 is true and accurate. The WS1 Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by Member. Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation.
  5. Fraud Prevention
    1. WS1 uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE FOREGOING, WS1 WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to Member's WS1 account, Member must contact WS1 immediately, and WS1 will cancel such account.
    2. Member will not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse. Member represents, warrants, and covenants that all information Member provides to WS1 is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise. Member is solely liable for such information and for maintaining all records as required under law. Member may be subject to civil or criminal penalties by the U.S. Government for making false or fraudulent statements with respect to such information.

III. APPOINTMENT OF WS1 AS MEMBER'S AGENT
  1. Member grants WS1 a written authorization to act on Member's behalf as Member's true and lawful agent for the following specific purposes:
    1. preparation of shipping documents;
    2. preparation of any Certificates of Origin;
    3. preparation of an EEI via AES in accordance with the laws and regulations of the United States;
    4. preparation of an airway bill or any other document required to export merchandise to Member;
    5. entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
    6. authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
  2. If an EEI (for which a charge consistent with WS1' current schedule of fees will apply) is required for goods originating within the United States, WS1 will file the required export information on behalf of the Member as its agent pursuant to this section. If Member or the USPPI fails to provide all of the information needed to accurately file an EEI, WS1 will decline to process the merchandise for export. WS1 reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. Member also acknowledges that under such circumstances, WS1 will not reimburse Member for the value of the merchandise.
  3. Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR) (“15 CFR § 30”) and maintaining all records as required under law. Civil or criminal penalties may be imposed against Member by the U.S. government for making false or fraudulent statements with respect to this information.
  4. WS1 assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the USPPI. Member is responsible to supply to WS1 all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number ("ECCN"), Schedule B classification, and all other information required under a routed export transaction as described in 15 CFR § 30. Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.

IV. INDEMNIFICATION
  1. Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless WS1 and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
    1. any negligent action or omission of Member or any of Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
    2. any inaccuracy or breach of any representation or warranty made by Member in these Terms and Conditions or any other document or instrument executed or delivered by Member in connection with these Terms and Conditions;
    3. any breach or non-performance of any covenant or agreement made by Member in these Terms and Conditions or any other document or instrument made by Member in connection with these Terms and Conditions;
    4. WS1' preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely and directly from the gross negligence or willful misconduct of WS1;
    5. Member providing to WS1 any incomplete or false information; and
    6. Member's failure to comply with the terms hereof or of any applicable law in respect to the exportation or importation of such shipments.
  2. Member acknowledges that the foregoing provisions are a material inducement for these Terms and Conditions and for WS1 to enter into the transactions contemplated hereby, and shall survive termination of these Terms and Conditions.

V. SEVERABILITY
If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect.

VI. NO LEGAL RELATIONSHIP
Member agrees that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between Member and WS1 as a result of this Agreement or Member's use of the WS1 services or this Website.

VII. DIRECT EXPORT TRANSACTIONS
(i.e., non-routed exports)For Members acting as the U.S. Principal Party in Interest (“USPPI”):
  1. Any reference to “Member or the USPPI” should be read as “Member.”
  2. The following excerpt of Part II is amended to read:The Member's unique WS1 address is to be used only for package consolidation purposes. The Member will not represent that its WS1 address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its WS1 address is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's WS1 account.
  3. Part III.A.7 above amended to read:Member recognizes that Member is the title holder and reseller of merchandise to be exported, and thus Member is the United States Principal Party in Interest (“USPPI”) as defined by the United States Foreign Trade Regulations. When purchasing merchandise, Member is responsible for notifying, and agrees that Member will notify, each merchant that Member intends to export the merchandise purchased from the United States. Member agrees to provide to WS1 all information that may be required from Member as the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).
  4. The following excerpt of Part III.D. is amended to read:Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the merchant about the nature of the export in every transaction generated by Member. Member agrees to provide to WS1 all required information for export purposes as the USPPI, including without limitation the Export Control Classification Number and the tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).
  5. In Part IV, the following sub-provision is added:Member also authorizes WS1 to be its agent for purpose of providing packages to the carrier selected by Member and for the purpose of engaging and filing documents with respect to the exportation of products from the United States.

VIII. ENTIRE AGREEMENT
These Terms and Conditions constitutes the entire agreement between Member and WS1 with respect to this Website, the WS1 services and WS1 account. These Terms and Conditions supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Member and WS1 with respect to this Website, the WS1 services and WS1 account. Any waiver of any breach of or rights under these Terms and Conditions shall not be deemed to be a waiver of any future breach or right.

IX. CONFLICT OF LAWS
These Terms and Conditions and all disputes concerning these Terms and Conditions shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the Florida courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret these Terms and Conditions, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to these Terms and Conditions is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.