Terms and Conditions for Vendors
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR LISTING PRODUCTS ON THIS WEBSITE. All vendors agree that access to, listing products on and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Your use of this site, and your agreeing to list products with us, constitutes your agreement to these terms and conditions.
We provide this Buy American Online Store to connect vendors of American-made products with consumers. We list your products that you offer for sale to customers through our store. We display the product to customers and collect sales proceeds on your behalf. Upon sale of your product to the consumer and your receipt of the purchase order from us, you ship the product to the consumer to complete the transaction.
Your Relationship with CPA Education Fund
The Coalition for a Prosperous America Education Fund owns and operates the CPA Buy American Online Store. If you list your products with our store, we agree to list your product accurately and to remit the wholesale price to you every 30 days for the prior sales period. We will engage in our best efforts to promote our online store to our members and supporters, visitors to other websites operated by us, and others outside our network as determined appropriate by us in our sole and unlimited discretion. You agree to provide us with accurate price, image and descriptive information for the products you choose to list on our store. You agree to expeditiously ship your product to any customer who purchases through our online store pursuant to a purchase order sent by us to you for that product. We have a right to reject your product offerings at any time and for any reason. You have a right to choose which products to list or to stop listing products with us at any time and for any reason. You agree that the vendor-customer relationship is between you and the customer who purchases your products. Any warranties, guarantees or returns with regard to any customer or purchase will be handled by you and not CPA. You agree that all claims made by you about your product(s) are accurate, that your product(s) will perform as expressly stated and as expected by customers, and that your product(s) are made in a quality manner. You agree that CPAEF is not responsible for any taxes owed by you and that you will remit taxes to any governmental authority, including sales taxes, that are legally owed by you. for the sale of your goods to any customer.
Made in USA
You agree to provide us with any information sought to verify that the products you list with us are Made in the USA. Whether your, or any, product is Made in the USA under our standards is a decision made by us on a product-by-product basis at our sole discretion.
Payment to You
We will issue payment to you twice per month for all customer purchases of your product in the last billing period. The payment will be an amount equal to the wholesale price for the product plus the shipping cost. The shipping cost is either (a) the flat rate shipping cost you provided us for the product; or (b) the lower of your actual shipping cost (provided to us via invoice, receipt or other documentation) or the shipping cost calculated by our system on the product page for each customer.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of the CPA Education Fund. The collective work includes works that are licensed to the CPA Education Fund. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to advertise the fact that your product is listed on our online store. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CPAEF . You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of the Coalition for a Prosperous America.
We exclude and disclaim any actual or implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services and tools. Any representation, warranty or guarantee provided with regard to any product is a representation, warranty or guarantee provided by you as the vendor of the product. The Coalition for a Prosperous America will, in its sole discretion, assist customers in arranging returns with you and receiving payment from you in the event of a return, but the Coalition for a Prosperous America has no obligation to engage in the actual return or reimbursement upon return.
Limitation of Liability
If we are found to be liable, our liability to you or to any third party is limited to the price of any product purchases plus shipping and tax. If you have a depute with a customer or third party, you release us from all claims, demands and damages. You also agree to indemnify and hold us harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of your use of this site, inaccurate descriptions or product claims, product liability, negligence, breach of this Agreement, or your violation of any law or the rights of a third party.
We will not provide any information about customers who buy through our online store or users of our online store to you. We will not provide information about our members or supporters to you. However, we will provide you all information necessary, as determined by us, for you to fulfill customer orders and ship your product to the appropriate customer or third party designated by the customer.
In the event that a product is mistakenly listed at an incorrect price, CPAEF reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CPAEF reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the customer's credit card charged.
These terms and conditions are applicable to you upon your accessing the site and/or agreeing to list products with us. These terms and conditions, or any part of them, may be terminated by without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The CPA Education Fund may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Coalition for a Prosperous America.
The CPA Education Fund may change the terms and conditions of this Agreement with or without notice in its sole discretion.
Your use of this site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in Berkshire County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. CPAEF's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CPAEF may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Coalition for a Prosperous America does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by CPAEF providing you with the ability to view and distribute user-generated content on the site, CPAEF is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CPAEF reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to in its sole discretion.
You agree to indemnify, defend, and hold harmless the Coalition for a Prosperous America, the Coalition for a Prosperous America Education Fund, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your product or your account (including negligent or wrongful conduct) with us.
In an attempt to provide increased value to our visitors, CPAEF may link to sites operated by third parties. However, even if the third party is affiliated with the Coalition for a Prosperous America, the Coalition for a Prosperous America has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Coalition for a Prosperous America. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Coalition for a Prosperous America seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).