When you use NCC Wholesale Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other NCC Wholesale Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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COPYRIGHT

All content included in or made available through any NCC Wholesale Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of NCC Wholesale or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any NCC Wholesale Service is the exclusive property of NCC Wholesale and protected by U.S. and international copyright laws.

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TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NCC Wholesale Service are trademarks or trade dress of NCC Wholesale in the U.S. and other countries. NCC Wholesale's trademarks and trade dress may not be used in connection with any product or service that is not NCC Wholesale's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NCC Wholesale. All other trademarks not owned by NCC Wholesale that appear in any NCC Wholesale Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NCC Wholesale.

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LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, NCC Wholesale or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NCC Wholesale Services. This license does not include any resale or commercial use of any NCC Wholesale Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any NCC Wholesale Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NCC Wholesale or its licensors, suppliers, publishers, rightsholders, or other content providers. No NCC Wholesale Service, nor any part of any NCC Wholesale Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NCC Wholesale . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NCC Wholesale without express written consent. You may not use any meta tags or any other "hidden text" utilizing NCC Wholesale's name or trademarks without the express written consent of NCC Wholesale . You may not misuse the NCC Wholesale Services. You may use the NCC Wholesale Services only as permitted by law. The licenses granted by NCC Wholesale terminate if you do not comply with these Conditions of Use or any Service Terms.

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YOUR ACCOUNT

You may need your own NCC Wholesale account to use certain NCC Wholesale Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. NCC Wholesale does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the NCC Wholesale Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their NCC Wholesale Household. Alcohol listings on NCC Wholesale are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. NCC Wholesale reserves the right to refuse service, terminate accounts, terminate your rights to use NCC Wholesale Services, remove or edit content, or cancel orders in its sole discretion.

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REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NCC Wholesale reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

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If you do post content or submit material, and unless we indicate otherwise, you grant NCC Wholesale a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NCC Wholesale and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NCC Wholesale for all claims resulting from content you supply. NCC Wholesale has the right but not the obligation to monitor and edit or remove any activity or content. NCC Wholesale takes no responsibility and assumes no liability for any content posted by you or any third party.

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RISK OF LOSS

All purchases of physical items from NCC Wholesale are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

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RETURNS, REFUNDS AND TITLE

NCC Wholesale does not take title to returned items until the item arrives at our center. At our discretion, a refund may be issued without requiring a return. In this situation, NCC Wholesale does not take title to the refunded item.

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PRODUCT DESCRIPTIONS

NCC Wholesale attempts to be as accurate as possible. However, NCC Wholesale does not warrant that product descriptions or other content of any NCC Wholesale Service is accurate, complete, reliable, current, or error-free. If a product offered by NCC Wholesale itself is not as described, your sole remedy is to return it in unused condition. 

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PRICING

"List Price" means the suggested price of a product as provided by a manufacturer or supplier. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on NCC Wholesale.

With respect to items sold by NCC Wholesale, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by NCC Wholesale is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE NCC WHOLESALE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NCC WHOLESALE SERVICES ARE PROVIDED BY NCC WHOLESALE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NCC WHOLESALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NCC WHOLESALE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NCC WHOLESALE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NCC WHOLESALE SERVICES IS AT YOUR SOLE RISK.

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TO THE FULL EXTENT PERMISSIBLE BY LAW, NCC WHOLESALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NCC WHOLESALE DOES NOT WARRANT THAT THE NCC WHOLESALE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NCC WHOLESALE SERVICES, NCC WHOLESALE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NCC WHOLESALE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NCC WHOLESALE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NCC WHOLESALE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NCC WHOLESALE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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DISPUTES

Any dispute or claim relating in any way to your use of any NCC Wholesale Service will be adjudicated in the state or Federal courts in Middlesex County, Massachusetts, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

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APPLICABLE LAW

By using any NCC Wholesale Service, you agree that applicable federal law, and the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NCC Wholesale.