User Agreement
On this page
1. Introduction
2. About Wholesale Markets LLC
3. Using Wholesale Markets LLC
4. Policy Enforcement
5. Fees and Taxes
6. Content
9. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
10. Disclaimer of Warranties; Limitation of Liability
11. Release
12. Indemnity
13. Legal Disputes
14. General
For users who agreed to a prior version of our User Agreement, this agreement is effective as of October 9, 2025.
1. Introduction
This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively "Services") set out the terms on which Wholesale Markets LLC offers you access to and use of our Services. See an overview of our policies. The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.
The entity you are contracting with is: Wholesale Markets LLC, a Florida company, if you reside in the United States.
Read this User Agreement carefully as it contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or related third parties to binding and final arbitration, unless you opt out of the Agreement to Arbitrate in accordance with section 19.B.9 (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
2. About Wholesale Markets LLC
Wholesale Markets LLC is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. Wholesale Markets LLC is not a party to contracts for sale between third-party sellers and buyers, nor is Wholesale Markets LLC a traditional auctioneer.
Any guidance Wholesale Markets LLC provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, to offer you a customized and personalized experience, to provide you with enhanced customer service, and to support fraud detection; availability and accuracy of these tools are not guaranteed. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Wholesale Markets LLC has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Wholesale Markets LLC
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for items purchased by you, unless you have a valid reason as set out in an Wholesale Markets LLC policy, for example, where the seller has materially changed the item's description after you bid (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out in an Wholesale Markets LLC policy;
manipulate the price of any item or interfere with any other user's listings;
fail to complete delivery, clear ownership, and/or complete any other documentation associated with the sale or purchase of any vehicle;
take any action that may undermine the feedback or ratings systems (our Feedback policies);
transfer your Wholesale Markets LLC account (including feedback) and user ID to another party without our consent;
share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access - opens in new window or tab program for that purpose;
create listings or provide us with content in inappropriate categories or areas of our sites;
engage in gambling;
provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Wholesale Markets LLC or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Wholesale Markets LLC;
circumvent any technical measures used to provide our Services;
interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Wholesale Markets LLC application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Wholesale Markets LLC. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Wholesale Markets LLC or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
commercialize any Wholesale Markets LLC application or any information, data, or software associated with such application, except with the prior express permission of Wholesale Markets LLC;
or
harvest or otherwise collect or use information about users without their consent.
If we believe you are violating this User Agreement or any of our policies, or abusing Wholesale Markets LLC and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.
If we believe you are violating our policies prohibiting Offers to buy or sell outside of Wholesale Markets LLC, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of Wholesale Markets LLC, you may be charged final value fees.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
5. Subscription and Billing
A. Subscription Plans
We offer various Subscription plans, which may include different features, durations, and pricing. Details of the available plans will be provided on the Website. We reserve the right to modify, terminate, or otherwise amend our offered Subscription plans at any time.
B. Billing and Payments
By purchasing a Subscription, you authorize us to charge your designated payment method on a recurring basis for the Subscription fees, plus any applicable taxes.
You agree to provide current, complete, and accurate payment information. You must promptly update all billing information to keep it current, complete, and accurate (such as changes in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
All payments are non-refundable unless otherwise stated in these Terms or required by applicable law.
C. Automatic Renewal
Unless you cancel your Subscription before the end of the current Subscription period, your Subscription will automatically renew for another period of the same duration. You will be charged the then-current Subscription fee using your designated payment method.
D. Cancellation
You may cancel your Subscription at any time through your Account settings on the Website. Your cancellation will take effect at the end of the current paid Subscription period, and you will continue to have access to the Subscription services until that time. No refunds will be provided for any unused portion of a Subscription period.
E. Price Changes
We reserve the right to change our Subscription prices at any time. We will provide you with reasonable prior notice of any price changes. If you do not agree with the new prices, you may cancel your Subscription before the new prices take effect.
6. Content
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against Wholesale Markets LLC, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Wholesale Markets LLC takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Wholesale Markets LLC users). You may use that content solely in your Wholesale Markets LLC listings. Wholesale Markets LLC may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Wholesale Markets LLC is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name "Wholesale Markets LLC" and other Wholesale Markets LLC marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Wholesale Markets LLC in the U.S. and other countries. They may not be used without the express written prior permission of Wholesale Markets LLC.
7. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Wholesale Markets LLC's Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to Wholesale Markets LLC - opens in new window or tab.
8. Authorization to Contact You; Recording Calls; Analyzing Message Content
Wholesale Markets LLC may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Wholesale Markets LLC may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Wholesale Markets LLC or its agents for quality control and training purposes, or for its own protection.
Wholesale Markets LLC's automated systems scan and analyze the contents of every message sent through its messaging platforms (including but not limited to chat and email channels), including messages between users, to: (i) detect and prevent fraudulent activity or violations of Wholesale Markets LLC's User Agreement, including the incorporated terms, notices, rules, and policies and (ii) provide and improve our Services. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Wholesale Markets LLC may store message contents, including to conduct this scanning and analysis. Privacy of Others; Marketing
If Wholesale Markets LLC provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using Wholesale Markets LLC Services.
9. Additional Terms
Recommendations
Wholesale Markets LLC may offer personalized recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your Wholesale Markets LLC activity, the item, and seasonality, among other factors.
10. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Wholesale Markets LLC's applications may not occur in real time. Such functionality is subject to delays beyond Wholesale Markets LLC's control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHOLESALE MARKETS LLC (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS USER AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR WHOLESALE MARKETS LLC WAS ADVISED OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Wholesale Markets LLC;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Wholesale Markets LLC Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Using Wholesale Markets LLC section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above;
or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
11. Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
13. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WHOLESALE MARKETS LLC HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes section, the term "related third parties" includes your and Wholesale Markets LLC's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Wholesale Markets LLC's, and these entities' respective employees and agents.
You and Wholesale Markets LLC each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Wholesale Markets LLC (or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Wholesale Markets LLC or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
A. Applicable Law
You and Wholesale Markets LLC agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Wholesale Markets LLC, except as otherwise stated in this User Agreement.
B. Agreement to Arbitrate
You and Wholesale Markets LLC each agree that any and all disputes or claims between you and Wholesale Markets LLC (or any related third parties) that arise out of or relate in any way to this or previous versions of the User Agreement, your use of or access to our Services, the actions of Wholesale Markets LLC or its agents, or any products or services sold, offered, or purchased through our Services, including the scope or applicability of this Agreement to Arbitrate (each, a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court. The exceptions to this Agreement to Arbitrate are: (1) you or Wholesale Markets LLC may seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Wholesale Markets LLC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Agreement to Arbitrate, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement, unless those disputes were noticed prior to this User Agreement.
Informal Dispute Resolution
If a Dispute arises between you and Wholesale Markets LLC, Wholesale Markets LLC is committed to working with you to reach a prompt, low‐cost and mutually reasonable resolution. You and Wholesale Markets LLC agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). To initiate Informal Dispute Resolution, a party must give notice to the other party in writing in a valid Notice of Dispute ("Notice"), which may be emailed to info@Wholesalemarkets.org; it is your responsibility to keep your physical address up to date. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Waiver of Jury Trial
YOU AND WHOLESALE MARKETS LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wholesale Markets LLC are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in Section 13.B ("Agreement to Arbitrate").
Waiver of Class and Representative Actions and Non-Individualized Relief
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Agreement to Arbitrate, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 13.B.7 ("Batch Arbitration").
Notwithstanding anything to the contrary in this Agreement to Arbitrate, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Wholesale Markets LLC agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be brought in court (pursuant to Section 13.C below), subject to your and Wholesale Markets LLC's right to appeal the court's decision. All other Disputes, aside from those explicitly exempted in Sections 13.B (above), shall be arbitrated. This section does not prevent you or Wholesale Markets LLC from participating in a class-wide settlement of claims.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Agreement to Arbitrate, including the enforceability, revocability, scope, or validity of the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except that all Disputes regarding Section 13.B.3 ("Waiver of Class and Other Non-Individualized Relief") including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction. This User Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Agreement to Arbitrate and any arbitration, including the procedures governing Batch Arbitration.
If Informal Dispute Resolution does not resolve satisfactorily within 45 days after receipt of a Notice, you and Wholesale Markets LLC agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Supplemental Rules for Mass Arbitration Filings (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Agreement to Arbitrate. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/ - opens in new window or tab. If NAM is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court (pursuant to Section 13.C below) shall select the administrator.
A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the "Demand"). A Demand to Wholesale Markets LLC should be sent by email to Wholesale Markets LLC Inc., Attn: Litigation Department, indoe@wholesalemarlets.org If Wholesale Markets LLC initiates an arbitration against you, it will send a Demand to the physical address we have on file associated with your Wholesale Markets LLC account; it is your responsibility to keep your physical address up to date. A Demand form is available on NAM's site at https://www.namadr.com/content/uploads/2024/09/Revised-Comprehensive-Demand-for-Arb-9.17.24.pdf - opens in new window or tab. The Demand must include: (1) the name, telephone number, mailing address, e‐mail address, and Wholesale Markets LLC user name of the party seeking arbitration, including a statement whether the party is a U.S. resident; (2) a statement of the legal claims being asserted and the factual bases for those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.
If you are a U.S. resident, and unless you and Wholesale Markets LLC otherwise agree, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside or, in the case of Batch Arbitration, as determined by the arbitrator. If you are not a resident of the United States, then the arbitration, including any in-person arbitration hearing, will be held in Marion County, Florida, United States, or another mutually agreed location. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and Wholesale Markets LLC agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and Wholesale Markets LLC agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
The parties agree that the arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The parties agree that the arbitrator shall not be bound by rulings in prior arbitrations involving different users but shall be bound by rulings in prior arbitrations involving the same Wholesale Markets LLC user to the extent required by applicable law. The arbitrator's award shall be final and binding, and an unsatisfied judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitrator
The arbitrator will be either a retired judge or an attorney and will be selected by the parties from the NAM’s roster of consumer dispute arbitrators, provided that if the Batch Arbitration process is triggered, NAM will appoint the arbitrator for each batch without soliciting input or feedback from any party. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with the NAM Rules.
Fees and Costs
Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the "Fee Schedules"), but may be reapportioned between the parties in accordance with this Agreement to Arbitrate, as follows: if you complied with the Informal Dispute Resolution requirements in Section 1 of this Agreement and the value of the relief sought in the Dispute is $10,000 or less, at your request Wholesale Markets LLC will pay all filing, administration, and arbitrator fees associated with the arbitration. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator may, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedule.
Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Wholesale Markets LLC agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against Wholesale Markets LLC by or with the assistance of the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably proximate period of time, for example, a 90 day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between 25 and 99 individual Demands are filed, a single batch of all those Demands, and, to the extent there are less than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimant’s Counsel or, if Claimant’s Counsel does not have a preference, by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Wholesale Markets LLC.
You and Wholesale Markets LLC agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
Severability
Except as provided in Section 13.B.3 ("Waiver of Class or Other Non-Individualized Relief"), if any part or parts of this Agreement to Arbitrate (other than Section 13.B.7 ("Batch Arbitration")) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement to Arbitrate shall continue in full force and effect. However, if Section 13.B.7 ("Batch Arbitration") of this Agreement to Arbitrate is found under the law to be invalid or unenforceable then, in that case, the entire Agreement to Arbitrate shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Marion County, Florida as required in Section 13.C. You further agree that any Dispute that you have with Wholesale Markets LLC as detailed in this Agreement to Arbitrate must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Opt-Out Procedure
YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY EMAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT. YOU MUST EMAIL THE OPT-OUT NOTICE TO INFO@WHOLESALEMARLETS.ORG. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or Wholesale Markets LLC’s rights. This procedure is the only way you can opt out of this Agreement to Arbitrate.
Opting out of this Agreement to Arbitrate has no effect on any arbitration agreement(s) you may currently have with us, including any previous version of this Agreement to Arbitrate to which you agreed; all such prior arbitration agreements remain in effect unless superseded by this Agreement, and you cannot use this procedure to opt out of any previous version of this Agreement to Arbitrate. Neither you nor Wholesale Markets LLC waives any right to arbitration that may apply to any current or pending lawsuit, arbitration, or legal proceeding commenced prior to the effective date of this Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim already filed in arbitration (or, where permitted, in court or small claims court) against Wholesale Markets LLC prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Wholesale Markets LLC. We will notify you of material amendments to this Agreement to Arbitrate. We will provide you 30 days' notice by posting the amended terms on www.Wholesalemarkets.org. Additionally, we will notify you through the Wholesale Markets LLC Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. Your continued use of or access to our Services, including the acceptance of any products or services sold, offered, or purchased through our Services following the posting of changes to this Agreement to Arbitrate constitutes your acceptance of any such changes.
C. Judicial Forum for Legal Disputes
If the Agreement to Arbitrate above is found not to apply to you or to a particular claim, request for relief, or Dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and Wholesale Markets LLC will be resolved exclusively by a state or federal court located in Marion County, Florida. You and Wholesale Markets LLC agree to submit exclusively to the personal jurisdiction of the courts located within Marion County, Florida for the purpose of litigating all such claims, disputes, or matters.
14. General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Wholesalemarkets.org. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the Wholesale Markets LLC Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Wholesale Markets LLC representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting Wholesale Markets LLC's ability to refuse, modify, or terminate all or part of our Services, Wholesale Markets LLC may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Wholesale Markets LLC Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Wholesale Markets LLC, and supersede all prior understandings and agreements of the parties.
The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.