Terms and Conditions of Sale

Updated: July 1, 2019

Sales Policy

1. Prices
Prices listed are retail, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.

2. Sales Tax
WULUS charges sales tax on shipments made to the following states: Alabama, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

3. Payment and Credit Terms
WULUS accepts cash, company checks, Visa, MasterCard, Discover, American Express and PayPal. For business customers with established WULUS credit, payment terms are net ten (10) days from the date of shipment or pick up. All credit extended by WULUS to customer, and the limits of such credit, is at WULUS’s sole discretion, and may be reduced or revoked by WULUS at any time, for any reason. WULUS reserves the right to charge a convenience fee for late payments. WULUS further reserves the right to charge customer a late payment fee at the rate of one and one half percent (1 1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. WULUS shall have the right of set off and deduction for any sums owed by customer to WULUS.

If customer fails to make payment within ten (10) days of shipment or pick up, or fails to comply with WULUS’s credit terms, or fails to supply adequate assurance of full performance to WULUS within a reasonable time after requested by WULUS (such time as specified in WULUS’s request), WULUS may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from WULUS will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Credit Balance. Customer agrees that any credit balance(s) issued by WULUS will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND WULUS SHALL HAVE NO FURTHER LIABILITY.

4. WULUS Reserves the Right to Accept or Reject Any Order

5. Note to Federal Customers
WULUS products are not offered through a GSA scheduled contract.

6. All Items Are Sold for Domestic Consumption in the United States
If exported, purchaser assumes full responsibility for compliance with US export controls.

7. For all international orders, our shipping terms is DDU- Delivered duties and taxes unpaid. Custom duties and taxes are the responsibility of the buyer.

Shipping Policy

UPS or FEDEX is our primary parcel carrier and we use a variety of carriers for LTL shipments.
Title and risk of loss pass to customer upon tender of shipment to carrier.

Shipping Policy Exceptions
Standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.
WULUS accepts orders for shipments within the continental US, Alaska, Hawaii, All US Territories and all international destinations(If exported, purchaser assumes full responsibility for compliance with US export controls). WULUS does not ship to PO Box addresses.

Expedited Shipping Rules
To qualify for expedited shipping, WULUS must receive your order before 3pm (CST) Monday–Friday. All expedited orders must weigh less than 150 lbs, and not contain any hazardous materials. Expedited orders only ship on business days; any orders placed on Saturdays/Sundays/Holidays will be processed on the next business day. If you have any questions please call our customer service department at 800-290-5630

3rd Party Shipping
Items shipping from the manufacturer: Please refer to the item page on WULUS.com for shipping lead times as they vary. Expedited shipping is NOT available for third party items.
You will receive an email when your order is shipped with a tracking number

Return Policy, Limited Warranty and Limitation of Liability

1. 7-Day Satisfaction Guarantee

If you are not satisfied for any reason(certain restrictions apply), products may be returned within 7 days of shipment for a full credit or exchange provided the product is unopened or undamaged or unused. Certain restrictions apply. All special order items cannot be returned or cancelled once shipped. All international orders are not eligible for any return or cancellation or refund. All international orders once shipped cannot be cancelled, returned or refunded.

2. Warranty Disclaimer and Limitation of Liability
DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY. WULUS EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. WULUS’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

3. Manufacturer’s Warranty
For information on a specific manufacturer’s warranty, please contact WULUS at 800-290-5630

4. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. WULUS does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does WULUS accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

5. Cross-Reference Information
Product cross reference comparisons do not imply that products are available or perfectly comparable. CROSS REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.

6.  Credit Cards or Debit Card Chargebacks

Any form of chargebacks from credit card or debit card is unacceptable and will be rejected. All credit or debit charges are final.

Product Information

1. Catalog/Website Information
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any WULUS catalog, literature or websites does not constitute the right to purchase products. WULUS reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the WULUS catalogs and websites. WULUS reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from WULUS.

2. Product Substitution
Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance
Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. WULUS MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

4. California Proposition 65
Proposition 65. For products denoted with a symbol the following warnings apply:

  1. WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  2. WARNING: This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  3. WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  4. WARNING: Cancer. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  5. WARNING: Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  6. WARNING: Cancer and Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.

5. MSDS

MSDS information is available upon request by calling 800-290-5630

6. California, Louisiana, Maryland and Vermont Customers

Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.

7. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. WULUS does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does WULUS accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

8. Conflict Minerals Policy Statement

Introduction: As many supply chain participants and others have acknowledged publicly, the Dodd-Frank Act1 created a new expectation for product manufacturers, which may be far removed from the source of the raw minerals in their products.

WULUS is not a manufacturer. It distributes hundreds of thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.

WULUS is committed to acting in a socially and environmentally responsible manner, to supporting the objectives of the Dodd-Frank Act, to meeting its customer commitments, and to supporting its customers’ businesses.

Because of the complexity of many supply chains, especially those of distributors like WULUS, and the lack of an established system for product manufacturers to track Conflict Minerals back to their source, the joint efforts over an extended period by many governments, industry groups, and companies will be required to make it possible to effectively trace Conflict Minerals back to their source.

This document sets forth the policy of WULUS regarding Conflict Minerals.
Overview: As a responsible company, WULUS supports the goal of the Dodd-Frank Act of preventing armed groups in the Democratic Republic of the Congo and adjoining countries from benefitting from the sourcing of Conflict Minerals from that region.

As a distributor of hundreds of thousands of branded and “value branded” products manufactured by thousands of other companies located around the world, WULUS is invariably many levels away from the beginning of the supply chain for the products it distributes.

This Policy shows WULUS’s commitment and its expectations for the manufacturers of products WULUS distributes regarding actions to address Conflict Minerals.

Our commitment: Not continue to source any product that contains Conflict Minerals if WULUS determines the product is not DRC Conflict Free and the manufacturer fails to implement reasonable steps to transition to DRC Conflict Free sources.

  • On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law. The Dodd-Frank Act and related 2012 U.S. Securities and Exchange Commission rules require certain companies to disclose whether the products they manufacture or contract to manufacture contain Conflict Minerals necessary for the production or the functionality of the products that are sourced from mines in the Democratic Republic of the Congo or adjoining countries. Conflict Minerals are tantalum, tin, tungsten and gold.
  • Products are “DRC Conflict Free” if they contain only Conflict Minerals that did not originate in the DRC or an adjoining country, are from recycled or scrap sources, or have not benefitted the armed groups identified as perpetrators of the abuses that are the subject of the Dodd-Frank Act.

Commitment to Responsible Sourcing: WULUS distributes hundreds of thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.
WULUS supports the humanitarian goals of the Dodd-Frank Act and encourages manufacturers of the products distributed by WULUS to adopt that same policy for their businesses.

As a distributor of products manufactured by other companies, WULUS does not directly purchase any raw Conflict Minerals from any source and is many levels removed from the mines, smelters, and refiners that produce the metals used in the products distributed by WULUS.

The supply chain for Conflict Minerals is complex and lacks an established structure for manufacturers to trace the minerals in the finished goods distributed by WULUS back to their source.
WULUS’s Expectations for Manufacturers: WULUS has the following expectations for the manufacturers of products WULUS distributes:

  • Manufacturers should develop Conflict Minerals policies, due diligence frameworks, and management systems that are designed to prevent Conflict Minerals that are not DRC Conflict Free from being included in the products distributed by WULUS; and
  • Manufacturers are expected to source Conflict Minerals only from sources that are DRC Conflict Free.

In doing so, manufacturers are expected to:

  • implement and communicate to their personnel and suppliers policies that are consistent with this Policy, and require their direct and indirect suppliers to do the same;
  • put in place procedures for the traceability of Conflict Minerals, working with their direct and indirect suppliers as applicable;
  • use reasonable efforts to source Conflict Minerals from smelters and refiners validated as being DRC Conflict Free, and require their direct and indirect suppliers to do the same;
  • provide information, in a timely manner, concerning whether the manufacturer has concluded or has a reasonable basis to believe that products distributed by WULUS are not DRC Conflict Free;
  • maintain reviewable business records supporting the source of Conflict Minerals; and
  • respond to requests for information concerning the origin of Conflict Minerals included in products distributed by WULUS, which WULUS shall be entitled to use or disclose in satisfying any legal or regulatory requirements or in any customer or marketing communications.

Manufacturers also are encouraged to support industry efforts to enhance traceability and responsible practices in Conflict Minerals supply chains.

Consequences of Manufacturer Non-Compliance WULUS reserves the right to evaluate the extent to which a manufacturer has failed to take adequate steps to manufacture DRC Conflict Free products.

In the event WULUS determines that a manufacturer’s Conflict Minerals efforts have been deficient WULUS may discontinue distribution of the manufacturer’s products.

Reporting Mechanism and Inquiries: Reports and inquiries regarding this Policy can be made as follows:

Reports concerning matters relating to this Policy can be made anonymously and will be kept confidential to the fullest extent practicable and allowed by law.

We will not take any retaliatory action against anyone making a report in good faith.

Manufacturers are encouraged to CSTeam@WULUS.com if they wish to seek guidance on the application of this Policy.
Conclusion WULUS fully understands the importance of this issue to its customers and is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a DRC Conflict Free supply chain.

General Terms

1. Intellectual Property
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by WULUS, or any trademarks or service marks owned by suppliers to WULUS. All materials contained on the www.WULUS.com website are subject to the ownership rights of WULUS and its suppliers. Customer shall have no right to copy or use any of the intellectual property of WULUS or its suppliers without WULUS’s permission.

2. Force Majeure
WULUS shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of WULUS in the conduct of its business.

3. Assignment
Customer shall not assign any order, or any interest therein, without the prior written consent of WULUS. Any actual or attempted assignment without WULUS’s prior written consent shall entitle WULUS to cancel such order upon notice to customer.

4. No Third Party Benefit
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

5. Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.

6. Severability
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

7. Modification of Terms
WULUS’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of WULUS’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of WULUS’s terms and conditions by customer shall be binding upon WULUS, unless agreed to in writing by an authorized representative of WULUS. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in WULUS’s acknowledgment, WULUS’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by WULUS of any of the terms and conditions contained herein or in WULUS’s acknowledgment.

8. Complete Agreement
The terms and conditions in: (i) WULUS’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and WULUS.

WULUS.com Gift Certificate Terms and Conditions

These terms and conditions, together with the Frequently Asked Questions above, constitute the WULUS.com Gift Certificate Terms and Conditions. By purchasing or using a WULUS.com Gift Certificate, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change without notice.

General Terms

  • The WULUS.com Gift Certificate can only be used online at WULUS.com or by phone order.
  • A WULUS.com Gift Certificate cannot be used to purchase WULUS.com Gift Certificates.

Compliance with Law
By purchasing WULUS.com Gift Certificates, you are certifying and representing to WULUS Tools, Inc. and its affiliates that the activities in connection with which the WULUS.com Gift Certificates will be used and comply with these Terms and Conditions and all applicable laws, rules and regulations, including the terms and conditions that govern the WULUS.com website. In addition, you agree to defend and indemnify WULUS Tools, Inc. and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the WULUS.com Gift Certificates or violation of any of these Terms and Conditions.

WULUS Website Terms of Access

Updated: July 24, 2019
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “WULUS Property”), and the features at this WULUS Property, are subject to these Terms of Access (“Terms”). The WULUS Property is owned or controlled by WULUS Tools, Inc. and its parent company, subsidiaries, division, affiliates, and brands (“collectively WULUS”). By accessing this WULUS Property in any way, including, without limitation, browsing this WULUS Property, using any information, and/or submitting information to WULUS, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.

From time to time we may update this WULUS Property and these Terms. Your use of this WULUS Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. WULUS may, in its sole discretion, and at any time, discontinue this WULUS Property or any part thereof, with or without notice, or may prevent your use of this WULUS Property with or without notice to you. You agree that you do not have any rights in this WULUS Property and that WULUS will have no liability to you if this WULUS Property is discontinued or your ability to access the WULUS Property or any content you may have posted on the WULUS Property is terminated.

By accessing or linking to this WULUS Property, you assume the risk that the information on this WULUS Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this WULUS Property at any time, without notice and without liability.

All information provided on this WULUS Property is subject to change without notice. While efforts have been made to make this WULUS Property helpful and accurate, due to the open nature of this WULUS Property, and the potential for errors in the storage and transmission of digital information, WULUS does not warrant the accuracy of information obtained from this WULUS Property.

Access and Use of WULUS Property

Access to this WULUS Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any WULUS computer system or other information contained on the system for any purposes is strictly prohibited.

WULUS Content

Content on this WULUS Property that is provided by WULUS or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“WULUS Content”) is the property of WULUS and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any WULUS Content located on the WULUS Property for use in any publications, in public performances, on websites other than this WULUS Property for any unpermitted commercial purpose, in connection with products or services that are not those of WULUS, in any other manner that is likely to cause confusion, that disparages or discredits WULUS and/or its licensors, that dilutes the strength of WULUS’s or its licensors’ intellectual property, or that otherwise infringes WULUS’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any WULUS Content or User Content that appears on this WULUS Property.

Use of the WULUS Property and Posting Policy

The following requirements apply to your use the WULUS Property: (a) you will not use any electronic communication feature of the WULUS Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the WULUS Property for any commercial transactions that are unrelated to the purposes for which the WULUS Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the WULUS Property you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by WULUS; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of WULUS, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the WULUS Property, or feature of the WULUS Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the WULUS Property or features therein. WULUS may cancel your account and delete all User Content associated with your account at any time, and without notice, if WULUS deems that you have violated these Terms, the law, or for any other reason. WULUS assumes no liability for any information removed from our WULUS Property, and reserves the right to permanently restrict access to the WULUS Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the WULUS Property, you hereby grant to WULUS a limited, non exclusive, sub licensable, worldwide, fully paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the WULUS Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to WULUS or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) WULUS receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that WULUS’s review of the Ideas is not an admission of novelty, priority or originality; and (b) WULUS’s use of any similar Ideas, whether based on your User Content, provided to WULUS by third parties, or independently developed or considered by WULUS, shall be without obligation to you.

Indemnification

You agree to indemnify and hold WULUS, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to WULUS or this WULUS Property.

Representations and Limitations of Liability

WULUS makes no representations about the reliability of the features of this WULUS Property, the Content, User Content, or any other WULUS Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. WULUS makes no representations regarding the amount of time that any Content or User Content will be preserved.

WULUS does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by WULUS without the prior review and written approval of WULUS.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WULUS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WULUS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WULUS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WULUS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

Hypertext Links

This WULUS Property may be linked to other sites which are not maintained by WULUS. WULUS is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by WULUS of the linked sites. WULUS disclaims any liability for links: (i) from another site to the WULUS Property and (ii) to another site from the WULUS Property.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of State of Washington without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in King County, WA. These Terms operate to the fullest extent permissible by law. Accessing materials on this WULUS Property by certain persons in certain countries may not be lawful, and WULUS makes no representation that materials on this WULUS Property are appropriate or available for use in locations outside the United States. If you choose to access this WULUS Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our WULUS Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this WULUS Property, and you hereby agree to the terms of that Policy.

If WULUS fails to act with respect to your breach or anyone else’s breach on any occasion, WULUS is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and WULUS, and is accepted by you upon your use of the WULUS Property. These Terms constitute the entire agreement between you and WULUS regarding the use of the WULUS Property. By using the WULUS Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Sales Tax

WULUS charges sales tax on shipments made to the following states: Alabama, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.