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terms and agreement:	thats a nice! Business to Business User Agreement   (Read And Click "Sumit Application" to Agree) The thatsanice.com Web Site (the "Site") is provided by thats a nice! This Agreement describes the terms and conditions applicable to your use of thatsanice.com's Wholesale guide. Click "I Agree" at the bottom you accept these terms and conditions. If you do not accept the terms and conditions in this Agreement, you may not use thatsanice.com Wholesale Guide's Site. If you have any questions about the terms and conditions in this Agreement, please contact our customer service department at 323.644.7533.  thats a nice! may amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall automatically be effective 30 days after posting, unless an earlier effective date is posted. Use of the Site after the effective date of any amendment shall constitute acceptance of the amendment. This agreement was posted on February 1, 2002. Eligibility for Wholesale Price list. The Site is available only to individuals and businesses who can form legally binding contracts under applicable law. If you do not qualify, please do not use or register with the thats a nice! Wholesale On-Line Application. Upon your acceptance of this Agreement, your completed Wholesale On-Line Registration Form shall be submitted to thats a nice! thats a nice! reserves the right to disapprove your registration or terminate your use of the Site for any reason at any time, in its sole discretion. thatsanice.com Wholesale Guide is Only a Venue. The Site is only a venue for registered retailers to conduct sales of goods, and for buyers to make offers on such goods. The Site facilitates transactions between independent parties. thats a nice! is not responsible for the acts or omissions of any buyer or seller who uses our services. Modifications to Site. thats a nice! reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. thats a nice! may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Your Information. "Your Information" includes any information you provide to thats a nice!, and any information you otherwise post, transmit, distribute, or publish on or through the Site at anytime, including without limitation, during the registration, buying or feedback process, in any public message area, or through any email or any other feature offered on the Site. With respect to Your Information: A. You are solely responsible for Your Information, and we post your information as you supply it. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. B. You must provide a traceable e-mail address from an Internet Service Provider or active Internet domain. You must provide your business address and telephone number. You agree not to allow any other person to use Your Information in order to obtain the services available at thats a nice!, and you agree to assume responsibility for the actions of any person who you allow, whether expressly or through negligence, to use Your Information to purchase an item or items using thatsanice.com Wholesale Guide's services. However, thats a nice! will use Your Information only in accordance with our Privacy Policy. Links. The Site may provide links to the web sites or services of others. You acknowledge and agree that thats a nice! is not, and shall not be held responsible, for any damages, actual or alleged, resultant from the use of services or products available through the web sites or services of others. No Price Manipulation. Sale price manipulation of any kind, directly or indirectly, by users is prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for your own account and the items you have provided, by communicating with other buyers and sellers, or by shill bidding. Taxes. You acknowledge and agree that thatsanice.com does not take any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your use of the Site. You acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your use of the Site. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the operation of the thatsanice.com site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. thats a nice! is not responsible for - and you release us from liability based on - any system errors. Damage or loss may result from technical difficulties, and you use thatsanice.com's services at your own risk. thats a nice! reserves the right to alter posted closing times or make other changes it deems desirable or necessary in the event technical difficulties interfere with the administration of sales. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be impeded or prevented by numerous factors beyond our control. Terms and Policies. Initial Orders. Minimum Opening Order is 5 cases. There is a 2 case minimum for re-orders. All orders process on the thats a nice! online order form will be charged via credit cards only. Orders are on our secure server, orders can be charged on Visa, Mastercard or American Express. Sorry no terms will be accepted at this time via on-line orders. Shipping. FOB Los Angeles, CA. Damaged or Missing goods must be reported within 7 days of delivery for credit or replacement. POSITIVELY NO ADJUSTMENTS PERMISSIBLE WITHOUT SELLERS WRITTEN APPROVAL. Shipment carrier reserves right to inspect damaged goods for claim purposes. Orders over 400 LBS are shipped via preferred LTL freight carrier. Sample Policy. Samples for wholesale customers, only can be purchased at unit cost plus S&H. Upon request, one demo jar will be included with 2 cases order minimum per SKU. Limit of Liability. IN NO EVENT SHALL thats a nice! BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT IMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, Indemnification. USERS OF thatsanice.com's SERVICES AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY thats a nice!, ITS OWNERS, ITS EMPLOYEES, AND ITS SUPPLIERS AND AGENTS FOR ANY LOSS OR DAMAGE (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING FROM ANY ACT OR OMISSION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF SUCH SERVICES. thats a nice! reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of thats a nice! General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of our service and your browsing, listing, purchase and sale of items. Notices. Except as explicitly stated otherwise, any notices shall be given by email to (in the case of thatsanice.com) or to the email address you provided to thatsanice.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to thats a nice! during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Termination. This Agreement constitutes a binding agreement between you and thats a nice! until terminated by you or thats a nice!, which thats a nice! may do at any time, without notice, in thats a nice! sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site. General. This Agreement shall be governed in all respects by the laws of the Commonwealth of California as such laws are applied to agreements entered into and to be performed entirely within California, without regard to conflicts of law provisions. Any controversy involving thats a nice! arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate State or Federal court in California County, California and you irrevocably consent to the jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure by either you or thats a nice! to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and thats a nice! and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement Disclosures. The services hereunder are offered by thats a nice! located in Los Angeles, CA. Trademarks. thats a nice!, and the logos thereof are trademarks or servicemarks of thats a nice.com. No display or use of such marks may be made without the express written permission of thats a nice!