SALES AGREEMENT POLICIES

American Safety Distributors

AMERICAN SAFETY DISTRIBUTORS USER AGREEMENT

This user agreement will be effective for all users as of March 5, 2021.

Welcome to American Safety Distributors!

This user agreement is a contract between you and American Safety Distributors, Inc. governing your use of your American Safety Distributors account and the American Safety Distributors services. It applies to U.S. American Safety Distributors accounts only. If you are an individual, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a U.S. American Safety Distributors account and use the American Safety Distributors services. If you are a business, the business must be organized in, operating in, or a resident of, the United States or one of its territories to open a U.S. American Safety Distributors account and use the American Safety Distributors services.

By opening and using a American Safety Distributors account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with each of the other agreements on the Legal Agreements page that apply to you and the following additional policies:

• Acceptable Use Policy
• Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please read carefully all of the terms and conditions of this user agreement, terms of these policies and each of the other agreements that apply to you.

We may revise this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide you at least 21 days advance notice for personal accounts and at least 5 days advance notice for business accounts. By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening an American Safety Distributors Account

We offer an American Safety Distributors account covered by this user agreement.

All American Safety Distributors accounts let you do things like:

• Send and receive money.
• Buy things online, using mobile devices or in stores.
• Accept credit card, debit card, bank account, and other payment methods from others.

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your American Safety Distributors account and the American Safety Distributors services. You must keep your mailing address, email address and other contact information current in your American Safety Distributors account profile.

Personal American Safety Distributors accounts

With a personal American Safety Distributors account you can do things like:

• Buy goods and services.

Closing Your American Safety Distributors Account

You may close your American Safety Distributors account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your American Safety Distributors account even after the American Safety Distributors account is closed. When you close your American Safety Distributors account, we will cancel any scheduled or incomplete transactions.

In certain cases, you may not close your American Safety Distributors account, including:

• To evade an investigation.
• If you have a pending transaction or an open dispute or claim.
• If your American Safety Distributors account is subject to a hold, limitation or reserve.

Link or Unlink a Payment Method

You can link or unlink certain payment methods such as a credit card, debit card, a U.S. bank account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your American Safety Distributors account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95 to the card. After the card is confirmed, we will immediately refund this amount to the card.

Buying Something From, or Returning Something

How to buy something

If the seller you are buying from sells goods or services and that seller does not already have a American Safety Distributors account, they can claim your payment by opening a American Safety Distributors account. If they don’t open an American Safety Distributors account within 30 days, your purchase will be refunded.

In order to manage risk, American Safety Distributors may limit the payment methods available for a transaction when you buy something. In addition, payment methods may be limited or if you make a payment through certain third-party websites or applications.

When you authorize a payment to a seller, some sellers may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your American Safety Distributors account. In that case, your authorization of the payment will remain valid until the seller completes the transaction (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction.

Fees

When you buy something from American Safety Distributors you don’t pay a fee to American Safety Distributors. Your debit or credit card issuer may also charge you a separate fee for non-U.S. transactions.

In addition you may be required to pay a fee to American Safety Distributors if you are making a purchase using a credit card.

Payment review

When American Safety Distributors identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, American Safety Distributors will place a hold on the transaction and delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.

Refunds

When you buy something from American Safety Distributors and the transaction is ultimately refunded, the money will typically be refunded to the original payment method you used for the transaction if you used a debit card, credit card, or bank account.

If you used a bank account as the payment method for the transaction, we will attempt to refund the money to your bank account. If we are unable to do so, we will refund the money to your linked cards if you have one. If you do not have a credit card linked, the money will be waiting for you to claim. If you used a bank account, we will attempt to refund the money to your bank account. If we are unable to do so, we may hold your refund and add the money to your balance in your American Safety Distributors account.

Payment Method Used for My Transaction

Selecting a preferred payment method

You can choose any of the payment methods in your American Safety Distributors account as your preferred payment method. You can select a preferred payment method in your account preferences on www.AmericanSafetyDist.com or in the American Safety Distributors app. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that is expired.

You can set separate preferred payment methods for online transactions, in-store transactions, and each of your automatic payment agreements, as described below.

If you have chosen a preferred payment method, it will be shown as the primary method of payment.

If no preferred payment method, it’s still your choice.

The availability of certain payment methods may be limited.

If you have not selected a preferred payment method, or your preferred payment method is unavailable, we will show you available payment methods, including the payment method you used most often or most recently, at the time of transaction. You can also click on the “Manage” link to see all of your available payment methods, or add a new one, and select a payment method during the transaction.

Backup payment method

Certain one-time online transactions may require that a backup funding method be used in the event that your selected or preferred payment method is unavailable. In those instances, the backup funding method may be displayed to you on your transaction review page, before you complete the transaction. Note that this only applies for one-time, online transactions, and not for in-store or automatic payments.

Bank Payments

Bank Payments is a payment method where you use your bank account as your payment method, and the payment is not received by the recipient until the transaction is processed from the bank. This process usually takes 3-5 Business Days, but this amount of time will increase if the payment is sent from a bank account located outside the United States.

Debit card processing

American Safety Distributors will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, MasterCard or Discover network. If we process your debit or prepaid card through an ATM debit network, we may provide you with the opportunity to switch to a Visa, MasterCard or Discover network by changing your preferences for that debit or prepaid card through your American Safety Distributors account profile.

American Safety Distributor’s Purchase Protection Program

When you buy something from American Safety Distributors, you may be eligible for a refund under American Safety Distributor’s Purchase Protection program. When applicable, American Safety Distributor’s Purchase Protection program entitles you to coverage for the full purchase price of the item plus the original shipping costs you paid, if any. American Safety Distributors determines, in its sole discretion, whether your claim is eligible for the Purchase Protection program. American Safety Distributor’s original determination is considered final, but you may be able to file an appeal of the decision with American Safety Distributors if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. American Safety Distributor’s Purchase Protection program does not entitle you to coverage for the return shipping costs that you may incur.

American Safety Distributor’s Purchase Protection program may apply when you encounter these specific problems with a transaction:

• You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

Item Not Received claims

Your claim will not qualify for a refund under American Safety Distributor’s Purchase Protection program for an Item Not Received claim, if:

• You collect the item in person, or arrange for it to be collected on your behalf, including if you use American Safety Distributors in a physical store.
• The seller has provided proof of shipment or proof of delivery.

If the package presents evidence that the goods were delivered to you, American Safety Distributors may be found in favor of claim even if you claim you did not receive the goods.

Significantly Not as Described claims

An item may be considered Significantly Not as Described if:

• The item is materially different from the description of it.
• You received a completely different item.
• The item is missing major parts or features, and those facts were not disclosed in the description of the item when you bought it.
• The item is unusable in its received state and was not disclosed as such.

An item may not be considered Significantly Not as Described if:

• The defect in the item was correctly described by the description of the item.
• The item was properly described but you didn’t want it after you received it.
• The item has minor scratches and was described as “used.”

Ineligible items and transactions

The following items or transactions are not eligible for American Safety Distributors’s Purchase Protection program:

• Significantly Not as Described claims for wholly or partly custom-made items
• Anything prohibited by American Safety Distributors’s Acceptable Use Policy
• Items intended for resale, including single item transactions or transactions that include multiple items.

Transaction eligibility for American Safety Distributor’s Purchase Protection program

To be eligible for American Safety Distributors Purchase Protection you must meet all of the following requirements:

• Have a American Safety Distributors account in good standing.
• Pay for the eligible item from your American Safety Distributors account.
• Attempt to contact the seller to resolve your issue directly before filing a claim.
• Respond to American Safety Distributor’s request for documentation and other information within the time requested.
• Open a dispute within 30 days of the date you sent the payment and follow our online dispute resolution process. 

Our online dispute resolution process

If you’re unable to resolve a transaction related issue directly with a seller, you must follow our online dispute resolution process to pursue a claim under our Purchase Protection program. You may also file a claim (Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps your claim may be denied:

Step 1: Open a dispute within 30 days of the date you made the payment. This might allow you to start a direct conversation with the seller regarding your issue with the transaction that may help resolve the dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2. We will place a hold on all funds related to the transaction in the seller’s American Safety Distributors account until the dispute is resolved or closed.

Step 2: Escalate the dispute to a claim for reimbursement within 20 days after opening the dispute, if you and the seller are unable to come to an agreement, or we will automatically close the dispute.

Step 3: Respond to American Safety Distributor’s requests for documentation or other information, after you, or American Safety Distributors escalates your dispute to a claim for reimbursement. American Safety Distributors may require you to provide receipts, third-party evaluations, police reports or other documents that American Safety Distributors specifies. You must respond to these requests in a timely manner as requested in our correspondence with you.

Step 4: Comply with American Safety Distributor’s shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim. American Safety Distributors may require you, at your expense, to ship the item back to American Safety Distributors or to a third party (which will be specified by American Safety Distributors) and to provide proof of delivery.

Proof of delivery means:

• For transactions that total less than $750 U.S. dollars (or the currency threshold in the table below), confirmation that can be viewed online and includes the delivery address showing at least city/state or zip code, delivery date, and the identity of the shipping company you used.
• For transactions that total $750 U.S. dollar or more, you must provide signature confirmation of delivery.

Step 5: American Safety Distributors will make a final decision (including automatically closing any dispute or claim), in its sole discretion, based on the eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information American Safety Distributors deems relevant and appropriate under the circumstances.

Dispute with us or your card issuer

If you used a debit or credit card as the payment method for a transaction through your American Safety Distributors account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under American Safety Distributorss Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items even if they don’t qualify for protection under a Significantly Not as Described claim with us.

You must choose whether to pursue a dispute with American Safety Distributors under our Purchase Protection program, or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.

If you choose to dispute a transaction with American Safety Distributors and we decide against you, you can seek to pursue the dispute with your card issuer later. If American Safety Distributors does not make a final decision on your claim until after your card issuer’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card issuer or filing a dispute with American Safety Distributors, you should contact the seller to attempt to resolve your issue in accordance with the return policy.

Selling and Accepting Payments

Accepting Payments From Buyers for Goods and Services

Receiving personal payments

If you use your American Safety Distributors account to receive payments for the sale of goods or services, you must:

• Pay any applicable fees for receiving the funds.

By integrating into your online checkout/platform any functionality intended to enable a payer without a American Safety Distributors account to send a payment to your American Safety Distributors account, you agree to all further terms of use of that functionality which American Safety Distributors will make available to you on any page on the American Safety Distributors website (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the American Safety Distributors Alternative Payment Methods Agreement.

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting American Safety Distributors as a payment method.

Taxes and information reporting

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. American Safety Distributors is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, American Safety Distributors is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your accounts associated with the same tax identification number if you receive more than $20,000 in payments for good and services and process more than 200 transactions involving goods or services through those accounts in the same calendar year.

Payment review

American Safety Distributors reviews certain potentially high-risk transactions. If American Safety Distributors determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. American Safety Distributors will conduct a review and either complete or cancel the payment. If the payment is completed, American Safety Distributors will provide notice to you regarding the shipment of the item. Otherwise, American Safety Distributors will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. We will notify you about payment reviews by email and/or through your American Safety Distributors account.

In-store payments and transactions

If you pay your local store, you will communicate the total amount of the transaction to the customer before it takes place. We may charge your customer account only for transactions that they have authorized. We will also provide customers with a physical receipt if they request one. We agree that any transaction that buyers make shall have an accurate and true description of the goods and services being purchased.

Card not present transactions

Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from us, the transaction will be processed as a “card not present” transaction, even if the buyer is at the store location.

Accepting preauthorized payments

We can accept payments from a buyer’s account through preauthorized transfers either on a one-time, regular or sporadic basis. This type of transaction is sometimes called a “billing agreement,” “subscription,” “recurring payment,” “reference transaction,” “pre-approved payment” or “automatic payment”.

Transaction Fees for Online and In-Store Payments

Your responsibility to notify American Safety Distributors of pricing or fee errors

Once you have access to any account statement(s) or other account activity information made available to you by American Safety Distributors with respect to your business account(s), you will have fifteen (15) days to notify American Safety Distributors in writing of any errors or discrepancies with respect to the pricing or other fees applied by American Safety Distributors. If you do not notify American Safety Distributors within such timeframe, you accept such information as accurate, and American Safety Distributors shall have no obligation to make any corrections. For the purposes of this provision, such pricing or fee errors or discrepancies are different than Unauthorized Transactions and other electronic transfer errorswhich are each subject to different notification timeframes as set forth herein.

Refunds, Reversals and Chargebacks

General information If you receive a refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee or Dispute fee). Whenever a transaction is refunded or otherwise reversed, American Safety Distributors will refund or reverse the transaction from your account.

Payments that are invalidated and reversed

Payments to you may be invalidated and reversed by American Safety Distributors if:

• You lose an American Safety Distributors Purchase Protection claim submitted to us by a buyer, including as a result of your failure to respond in a timely manner.
• Your buyer pursues a chargeback related to a card-funded transaction and the transaction is not eligible for American Safety Distributors’s Seller Protection program. The card issuer, not American Safety Distributors, determines whether a buyer is successful when they pursue a chargeback related to a card-funded transaction.
• You do not fulfill a claim as promised or we provide proof of shipment or proof of delivery when required.
• Our investigation of a bank reversal made by a buyer or the buyer’s bank finds that the transaction was fraudulent.
• American Safety Distributors sent the payment to you in error.
• The payment was unauthorized
• You received the payment for activities that violated this user agreement or any other agreement between you and American Safety Distributors.

When you send a payment, you are liable to American Safety Distributors for the full amount of the payment sent plus any fees if the payment is later invalidated or reversed for any reason. If the buyer paid in another currency, the full amount of that payment may be calculated in that currency, using the American Safety Distributors transaction exchange rate (including our currency conversion spread) that applies at the time the refund or reversal is processed We may use any of the payment methods linked to your American Safety Distributors account to cover the amount due. If the payment methods linked to your American Safety Distributors account don’t cover the amount due, this will result in a negative balance. A negative balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your balance to resolve it. We are not responsible for overdraft fees. If you do not, American Safety Distributors may:

• engage in collection efforts to recover the amount due from you;
• take any or all action as outlined under Amounts owed to American Safety Distributors; or
• place a limitation or take other action on your American Safety Distributors account as outlined under Restricted Activities and Holds.

Dispute fees

American Safety Distributors will charge a Dispute fee to buyers for facilitating the online dispute resolution process for transactions that are processed either through a buyer’s American Safety Distributors account or through a American Safety Distributors guest checkout. The Dispute fee applies when the buyer pursues a claim directly with American Safety Distributors, a chargeback with their card issuer, or a reversal with their bank. either The Dispute fee will be charged in the currency which you selected for the original transaction listing. If the transaction was in a currency not listed in the Dispute fee table, then the fee charged will be in your primary holding currency. The Dispute fee will be deducted from your account after the claim is decided.

The Dispute fee amount will be determined when the dispute case is created. The fee is based on the ratio of all Item Not Received and Significantly Not as Described claims you receive compared to the total amount of your sales for the previous three calendar months. Your total claims include all Item Not Received and Significantly Not as Described claims that are filed either directly with and escalated to American Safety Distributors or with the card issuer or bank. Your total claims do not include claims for Unauthorized Transactions. For example, for the month of September, your dispute ratio will be calculated by considering your total claims to sales ratio over June, July, and August. The claims ratio for September will determine the dispute fee for all claims filed in October. Your total claims include all claims filed directly with and escalated to American Safety Distributors, except claims for Unauthorized Transactions; and all chargebacks from the buyer’s card issuer or reversals from the buyer’s bank.

You will not be charged a Standard Dispute fee for disputes that are:

• Inquiries with American Safety Distributor’s that are not escalated to a claim with American Safety Distributors.
• Resolved directly between you and the buyer and not escalated to a claim with American Safety Distributors.
• Filed by the buyer directly with American Safety Distributors as an Unauthorized Transaction.
• Eligible for American Safety Distributors’s Seller Protection program.
• Claims with a transaction value that is less than twice the amount of a Standard Dispute fee.
• Decided in your favor by American Safety Distributors or your issuer.

Chargeback fees

For transactions that are not processed either through a buyer’s American Safety Distributors account or through a guest checkout, and where the buyer pursues a chargeback for the transaction with their card issuer, then American Safety Distributors will charge you a Chargeback fee for facilitating the chargeback process. This fee with apply regardless of whether the buyer is successful in pursuing the chargeback with the card issuer.

The applicable chargeback fee will be deducted from your available payment options or accounts on file. The chargeback fee is applied and will be charged in the currency which you selected for the original transaction listing.

American Safety Distributor’s Buyers Protection Program

What’s eligible

If we you sell a good or service, you may be eligible for American Safety Distributor’s Buyer Protection program. When it applies, American Safety Distributor’s Buyer Protection program entitles you to retain the full purchase amount. There is no limit on the number of payments eligible for American Safety Distributor’s Buyer Protection program. By accessing the transaction details page in your American Safety Distributors account you can determine whether or not your transaction is eligible for protection under this program.

American Safety Distributor’s Buyer Protection program may apply when a buyer claims that:

• They did not authorize, or benefit from, funds sent from their American Safety Distributors account (referred to as an “Unauthorized Transaction” claim), and the Unauthorized Transaction occurs in an environment hosted by American Safety Distributors; or
• They didn’t receive the item from you (referred to as an “Item Not Received” claim).

American Safety Distributor’s Buyer Protection program may also apply when a transaction is reversed because of a successful chargeback by a buyer or when a bank funded payment is reversed by the buyer’s bank.

This section describes American Safety Distributor’s Buyers Protection program as it applies to you.

Basic requirements

To be eligible for American Safety Distributor’s Buyer Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements:

• The primary address for your American Safety Distributors account must be in the United States.
• The item must be a physical, tangible good that can be shipped. Transactions involving items that you purchase in person in connection with payment made in the physical store, may also be eligible for American Safety Distributor’s Buyer Protection program so long as the buyer paid for the transaction in person.
• You must ship the item back to the originating shipping address on the transaction details page in your American Safety Distributors account for the transaction. If you originally ship the item to the recipient’s shipping address on the transaction details page but the item is later redirected to a different address, you will not be eligible for American Safety Distributor’s Buyer Protection program. We therefore recommend not using a shipping service that is arranged by you, the buyer.
• The shipping requirement does not apply to eligible transactions involving items that we deliver in person; provided, however, that you agree we provide alternative evidence of delivery or such additional documentation or information relating to the transaction that we may request.
• You must respond to American Safety Distributor’s requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through email. If you do not respond to American Safety Distributor’s request for documentation and other information in the time requested, you may not be eligible for American Safety Distributor’s Buyer Protection program.
• In the case of an Unauthorized Transaction claim, you must provide valid proof that demonstrates that the item was not shipped nor delivered. If American Safety Distributors can provide proof of delivery or shipment, you will not be covered under the Buyer Protection Plan.

American Safety Distributors determines, in its sole discretion, whether your claim is eligible for American Safety Distributor’s Buyer Protection program. American Safety Distributors will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process, or any other information American Safety Distributors deems relevant and appropriate under the circumstances.

Item Not Received additional requirements.

To be eligible for American Safety Distributor’s Buyer Protection program for an Item Not Received claim, you must meet the requirements listed below:

• Where a buyer files a chargeback with the issuer for a card-funded transaction, the payment must be marked “eligible” for American Safety Distributor’s Buyer Protection.
• You must provide proof of the item not marked as delivered. Detailed below are proofs of delivery which American Safety Distributor can use in a claim against a buyer.

American Safety Distributors establishing proof of delivery or proof of shipment.

Restricted Activities

In connection with your use of our websites, your American Safety Distributors account, the American Safety Distributors services, or in the course of your interactions with American Safety Distributors, other American Safety Distributors customers, or third parties, you must not:

• Breach any agreement between you and American Safety Distributors.
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• Infringe American Safety Distributor’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Return counterfeit goods;
• Act in a manner that is defamatory, trade libelous, threatening or harassing;
• Provide false, inaccurate or misleading information;
• Send or receive what we reasonably believe to be potentially fraudulent funds;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
• Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both American Safety Distributors, bank or card issuer for the same transaction;
• Control an account that is linked to another account that has engaged in any of these restricted activities;
• Conduct your business or use the American Safety Distributors services in a manner that results in or may result in;
  • complaints;
  • requests by buyers (either filed with us or card issuers) to invalidate payments made to you;
  • fees, fines, penalties or other liability or losses to American Safety Distributors, other American Safety Distributors customers, third parties or you;
• Use your American Safety Distributors account or the American Safety Distributors services in a manner that American Safety Distributors, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
• Allow your American Safety Distributors account to have a negative balance;
• Access the American Safety Distributors services from a country that is not included in the continental U.S.
• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf or the American Safety Distributors services;
• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or American Safety Distributors services;
• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf, any of the American Safety Distributors services or other users’ use of any of the American Safety Distributors services;
• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
• Use the American Safety Distributors services to test credit card behaviors;
• Circumvent any American Safety Distributors policy or determinations about your American Safety Distributors account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional American Safety Distributors account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional American Safety Distributors accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s American Safety Distributors account; or
• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect American Safety Distributors, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your American Safety Distributors account (and any linked Cash Account), and/or close or suspend your American Safety Distributors account (and any linked Cash Account), immediately and without penalty to us;
• Refuse to provide the American Safety Distributors services to you in the future;
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf, your American Safety Distributors account or any of the American Safety Distributors services, including limiting your ability to pay with any of the payment methods linked to your American Safety Distributors account, restricting your ability to send money or make purchases.
• Hold the balance in your account, or any money waiting to be claimed through your personal American Safety Distributors account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy;
• Suspend your eligibility for American Safety Distributor’s Purchase Protection program and/or American Safety Distributor’s Buyer Protection program;
• Contact buyers who have purchased goods or services from you using American Safety Distributors, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
• Update inaccurate information you provided us;
• Take legal action against you;
• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to American Safety Distributors caused by your violation of this policy; or
• If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to American Safety Distributors for the amount of American Safety Distributor’s damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of American Safety Distributor’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to American Safety Distributors that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. American Safety Distributors may deduct such damages directly from any existing balance in any American Safety Distributors account you control.

If we close your American Safety Distributors account or terminate your use of the American Safety Distributors services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in the balance of your account linked to your personal American Safety Distributors account or in the balance of your business American Safety Distributors account, or any money waiting to be claimed through your personal American Safety Distributors account if you do not have an account linked to your personal American Safety Distributors account, available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by American Safety Distributors, any American Safety Distributors customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the American Safety Distributors services.

Holds, Limitations, and Reserves

What are holds, limitations and reserves

Under certain circumstances, in order to protect American Safety Distributors and the security and integrity of the network of buyers and sellers that use the American Safety Distributors services, American Safety Distributors may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should request email notice with respect to the limitation, hold or reserve.

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of American Safety Distributors, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your American Safety Distributors account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. You agree that we have no obligation to disclose the details of our risk management or security procedures to you.

In order to facilitate American Safety Distributor’s actions described above and allow us to assess the level of risk associated with your American Safety Distributors account, you agree to cooperate with American Safety Distributor’s reasonable requests for financial statements and other documentation or information in a timely fashion.

Holds

A hold is an action that American Safety Distributors may take under certain circumstances either at the transaction level or the account level. When American Safety Distributors places a temporary hold on a payment, the money is not available to either the sender or the recipient. American Safety Distributors reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where American Safety Distributors will hold payments include:

• New buyers who have limited buying activity.
• Payments for higher-risk categories like large orders or special orders.
• Buyers who have performance issues, or a high rate of dissatisfaction or disputes.

Holds based on American Safety Distributor’s risk decisions

We may place a hold on payments sent to your American Safety Distributors account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your American Safety Distributors account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your American Safety Distributors account with an indication that they are unavailable or pending. We’ll notify you, either through your American Safety Distributors account or directly by phone or email, whenever we place a hold.

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your account. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your account until the matter is resolved (but no longer than 180 days).

Holds related to Marketplace transactions

If you’re purchasing on a marketplace or through a third-party application where American Safety Distributors is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third party. These holds will appear in your account. If you have questions about why the applicable marketplace or third party instructed American Safety Distributors to put these holds in place, you will need to contact the marketplace or third party directly.

Holds based on disputed transactions

If a payment sent to you as a buyer is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your account.

Account Limitations

Limitations are implemented to help protect American Safety Distributors and buyers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your American Safety Distributors account open.

There are several reasons why your American Safety Distributors account could be limited, including:

• If we suspect someone could be using your American Safety Distributors account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
• If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your American Safety Distributors account and your bank account.
• In order to comply with applicable law.
• If we believe in our sole discretion that you have breached this agreement or violated the Acceptable Use Policy.
• Buyer performance indicating your American Safety Distributors account is high risk. Examples include: indications of poor buying performance because you’ve received an unusually high number of claims and chargebacks, buying a high-cost product type, or if your typical buying volume increases rapidly.

Unless a permanent limitation is placed on your account, you will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect American Safety Distributors, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Reserves placed on business American Safety Distributors accounts

We may place a reserve on your account at any time if we believe there may be a high level of risk associated with you, your American Safety Distributors account, your business model, or your transactions. When we place a reserve on your business American Safety Distributors account, it means that all or some portion of the money in your business American Safety Distributors account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your account or use of the American Safety Distributors services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.

American Safety Distributors considers a list of non-exclusive factors and whether and how these factors have changed over time, including:

• How long you have been in business.
• Whether your industry has a higher likelihood of chargebacks.
• Your payment processing history with American Safety Distributors and other providers.
• Your business and/or personal credit history.
• Whether you have higher than average number of returns, chargebacks, claims or disputes.

There are two types of reserves that may be placed on your business American Safety Distributors account, and one or both may be applied at the same time:

• A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day 1 is held and then released on day 91, 10% of the money you receive on day 2 is held until day 92, etc. Rolling reserves are the most common type of reserve.
• A Minimum reserve is a specific minimum amount of money that you’re required to keep available in the balance of your account at all times. The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve.

If we place a reserve on funds in your account, the funds will be shown as “pending” and we’ll notify you of the terms of the reserve.
If we change the terms of the reserve due to a change in our risk assessment, we’ll notify you of the new terms.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your American Safety Distributors account, placing a reserve or limitation on your American Safety Distributors account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your American Safety Distributors account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.

Liability for Unauthorized Transactions and Other Errors

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your American Safety Distributors account, you should regularly log into your account and review your American Safety Distributors order history. American Safety Distributors will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your American Safety Distributors account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your American Safety Distributors account, and sends a payment from your American Safety Distributors account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your American Safety Distributors account (by giving them your login information) and they use your American Safety Distributors account without your knowledge or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your American Safety Distributors login information has been lost or stolen, please contact American Safety Distributors customer service immediately or call: (305) 262-2234 or write: American Safety Distributors, Attn: Error Resolution Department, 6982 NW 12^th ST, Miami, FL 33126.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means. You could lose all the money in your account.

Also, if your American Safety Distributors account shows transactions that you did not make, including those made with your American Safety Distributors login information or by other means, tell us at once. If you do not tell us within 30 days after we provided the invoice/receipt to you, you may not get back any money you lost after the 30 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. Proof of these claims may be requested.

Error Resolution

What is an Error

An “Error” means the following:

• When money is either incorrectly taken from your American Safety Distributors account or incorrectly placed into your American Safety Distributors account, or when a transaction is incorrectly recorded in your American Safety Distributors account.
• You send a payment and the incorrect amount is debited from your American Safety Distributors account.
• An incorrect amount is credited to your American Safety Distributors account.
• A transaction is missing from or not properly identified in your American Safety Distributors account transactions.
• We make a computational or mathematical error related to your American Safety Distributors account.
• You request receipt or periodic statement documents that American Safety Distributors is required to provide to you.
• You request information concerning preauthorized (recurring) transfers to your American Safety Distributors account that American Safety Distributors is required to provide to you.
• You request additional information or clarification concerning a transfer to or from your American Safety Distributors account, including a request you make to determine whether an error has occurred.
• You inquire about the status of a pending transfer to or from your American Safety Distributors account.
• You request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes.

What is not considered an Error

The following are NOT considered Errors:

• If you give someone access to your American Safety Distributors account (by giving them your login information) and they use your American Safety Distributors account without your knowledge or permission. You are responsible for transactions made in this situation.
• Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
• Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

In case of Errors or questions about your electronic transfers

Telephone us at (305) 262-2234, contact us through email; or write us at American Safety Distributors, Attn: Error Resolution Department, 6982 NW 12^th ST, Miami, FL 33126.

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 30 days after we sent the FIRST statement, invoice, or receipt on which the problem or error appeared.

• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your American Safety Distributors account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your American Safety Distributors account.

For errors involving new American Safety Distributors accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new American Safety Distributors accounts, we may take up to 20 Business Days to credit your American Safety Distributors account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• You receiving less than the correct amount to which you were entitled, then we will credit your American Safety Distributors account for the difference between what you should have received and what you actually received.
• You receiving more than the correct amount to which you were entitled, then we will debit your American Safety Distributors account for the difference between what you actually received and what you should have received.
• Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:
  • through no fault of ours, you did not have enough available funds to complete the transaction;
  • our system was not working properly and you knew about the breakdown when you started the transaction; or
  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from American Safety Distributors applying holds, limitations or reserves.
• Delays based on a payment review.
• Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.
• Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Remittance Transfer Errors

What is a Remittance Transfer

You may be protected for certain errors when you send money using an account outside of the U.S. A “Remittance Transfer” is a transaction that meets the following criteria:

• The recipient of the payment has a American Safety Distributors account in a country outside the U.S.

Payments that you make at a merchant website or location by selecting American Safety Distributors as a payment option are not “Remittance Transfers.”

What qualifies as a Remittance Transfer Error

A “Remittance Transfer Error” occurs if:

• You paid an incorrect amount to send the Remittance Transfer. For example, you were charged more than the total shown on the remittance transfer receipt you received (unless the total shown on the receipt was an estimate, and the difference results from application of the actual exchange rate, fees, and taxes).
• American Safety Distributors made a computational or bookkeeping error, such as a miscalculation of the amount the recipient received.
• The amount stated in the remittance transfer receipt was not made available to the recipient, unless:
  • we stated in the remittance transfer receipt that we used estimates and the difference in the amount received and the amount stated in the remittance transfer receipt results from application of the actual exchange rate, fees, and taxes, or
  • the problem was caused by extraordinary circumstances outside our control.
• Funds were available to the recipient later than the date of availability that was disclosed to you on the remittance transfer receipt or were not delivered, unless:
  • extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances,
  • delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or
  • you (or someone assisting you) made the transfer with fraudulent intent.
• You request documentation or information concerning the Remittance Transfer, such as information required to determine if a Remittance Transfer Error occurred.

What is not considered a Remittance Transfer Error

The following are NOT considered Remittance Transfer Errors:

• An inquiry about the status of a Remittance Transfer, except where the funds from the transfer were not made available to a designated recipient by the disclosed date of availability,
• A request for information for tax or other recordkeeping purposes,
• A change requested by the designated recipient, or
• A change in the amount or type of currency received by the designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure.

What to do if you think there has been a Remittance Transfer Error or problem

If you think there has been a Remittance Transfer Error or problem with your Remittance Transfer:

• Call us at: (305) 262-2234.
• Write us at: American Safety Distributors, Attn: Error Resolution Department, P.O. 6982 NW 12^th ST, Miami, FL 33126.
• Log in to your American Safety Distributors account at American Safety Distributors.com and email us to dispute a transaction.

You must contact us within 30 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

• Your name, address and telephone number,
• The error or problem with the transfer, and why you believe it is an error or problem,
• The name of the person receiving the funds, and if you know it, his or her telephone number or address,
• The dollar amount of the transfer, and
• The confirmation code or number of the transaction.

We will determine whether an error occurred within 120 days after you contact us and we will correct any error promptly. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

AMERICAN SAFETY DISTRIBUTORS USER AGREEMENT

Other Legal Terms

Communications Between You and Us

If you provide us your mobile phone number, you agree that American Safety Distributors and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your American Safety Distributors branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by American Safety Distributors. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number by updating your preferences in your American Safety Distributors account by contacting customer support, by calling us at 305-262-2234, or by replying STOP to a message. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages.

American Safety Distributors may communicate with you about your American Safety Distributors account and the American Safety Distributors services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to American Safety Distributors must be sent by postal mail to: American Safety Distributors, Inc., Attention: Legal Department, 6982 NW 12^th ST, Miami, FL 33126.

You understand and agree that, to the extent permitted by law, American Safety Distributors may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with American Safety Distributors or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with American Safety Distributors may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by American Safety Distributors, and American Safety Distributors does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

American Safety Distributor’s Rights

American Safety Distributors suspension and termination rights

American Safety Distributors, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf or some or all of the American Safety Distributors services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your American Safety Distributors account.

Security interest

As security for the performance of your obligations under this user agreement, you grant to American Safety Distributors a lien on, and security interest in and to, funds held in your American Safety Distributors account.

Amounts owed to American Safety Distributors

If the balance in your American Safety Distributors account becomes negative for any reason, that negative balance represents an amount that you owe to American Safety Distributors. American Safety Distributors may deduct these amounts from funds that are added to your American Safety Distributors account later, either by you or from payments you receive. If you have more than one American Safety Distributors account, we may set off a negative balance in one American Safety Distributors account against a balance in your other American Safety Distributors account(s). If you continue using your American Safety Distributors account when it has a negative balance, you authorize American Safety Distributors to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.

If you hold funds in an American Safety Distributors account in multiple currencies, and the balance for one of the currencies becomes negative for any reason, American Safety Distributors may set off the negative balance by using funds you maintain in a different currency. If you have a negative balance in non-U.S. dollars for a period of 21 days or longer, American Safety Distributors will convert this negative balance to U.S. dollars. In either case, a currency conversionwill be necessary, and American Safety Distributor’s transaction exchange rate will be used.

In addition to the above, if you have a past due amount owed to us, our affiliates, American Safety Distributors may debit your account to pay any amounts that are past due.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

Assumption of rights

If American Safety Distributors invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that American Safety Distributors assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in American Safety Distributor’s discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “American Safety Distributors” to refer to American Safety Distributors, Inc., our parent American Safety Distributors, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify American Safety Distributors for actions related to your American Safety Distributors account and your use of the American Safety Distributors services. You agree to defend, indemnify and hold American Safety Distributors harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the American Safety Distributors services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your American Safety Distributors account or access our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf, or any of the American Safety Distributors services on your behalf.

Limitation of liability

American Safety Distributor’s liability is limited with respect to your American Safety Distributors account and your use of the American Safety Distributors services. In no event shall American Safety Distributors be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf, any of the American Safety Distributors services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, American Safety Distributors is not liable, and you agree not to hold American Safety Distributors responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf, or any of the American Safety Distributors services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf and any of the American Safety Distributors services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf or any of the American Safety Distributors services or any website or service linked to our websites, software or any of the American Safety Distributors services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf or any of the American Safety Distributors services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your American Safety Distributors account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or American Safety Distributor’s policies.

Disclaimer of Warranty and Release

No warranty

The American Safety Distributors services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. American Safety Distributors specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

American Safety Distributors does not have any control over the products or services provided by manufacturers, and American Safety Distributors cannot ensure that an item or good is defective or faulty. American Safety Distributors does not guarantee continuous, uninterrupted or secure access to any part of the American Safety Distributors services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the American Safety Distributors services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. American Safety Distributors will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but American Safety Distributors makes no representations or warranties regarding the amount of time needed to complete processing because the American Safety Distributors services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Release of American Safety Distributors

If you have a dispute with any other American Safety Distributors account holder, you release American Safety Distributors from any and all 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, for example, California Civil Code § 1542) 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.

Agreement to Arbitrate

You and American Safety Distributors agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

• Affects your rights and will impact how claims you and we have against each other are resolved.
• Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
• Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.

If a dispute arises between you and American Safety Distributors, acting as either a buyer or a seller, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and American Safety Distributors regarding the American Safety Distributors services may be reported to customer service online through the American Safety Distributors website at any time, or by calling (305) 262-2234 from Mon-Fri 8:00 AM to 4:00 PM ET.

Intellectual Property

American Safety Distributor’s trademarks

“American Safety Distributors.com,” “American Safety Distributors,” and all logos related to the American Safety Distributors services are either trademarks or registered trademarks of American Safety Distributors or American Safety Distributor’s licensors. You may not copy, imitate, modify or use them without American Safety Distributor’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of American Safety Distributors. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by American Safety Distributors for the purpose of directing web traffic to the American Safety Distributors services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes American Safety Distributors or the American Safety Distributors services or display them in any manner that implies American Safety Distributor’s sponsorship or endorsement. All right, title and interest in and to the American Safety Distributors websites, any content thereon, the American Safety Distributors services, the technology related to the American Safety Distributors services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of American Safety Distributors and its licensors.

License grants, generally

If you are using American Safety Distributors software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then American Safety Distributors grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use American Safety Distributor’s software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the American Safety Distributors services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, American Safety Distributors and third parties. American Safety Distributors may update or discontinue any software upon notice to you. While American Safety Distributors may have (1) integrated certain third-party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third-party materials and technology to facilitate providing you with the American Safety Distributors Services, you have not been granted and do not otherwise retain any rights in or to any such third-party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology. You acknowledge that all rights, title and interest to American Safety Distributor’s software are owned by American Safety Distributors and any third-party materials integrated therein are owned by American Safety Distributor’s third-party service providers. Any other third-party software application you use on the American Safety Distributors websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that American Safety Distributors does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our websites, software and/or in connection with the American Safety Distributors services.

License grant from you to American Safety Distributors; intellectual property warranties

American Safety Distributors does not claim ownership of the content that you provide, upload, submit or send to American Safety Distributors. Nor does American Safety Distributors claim ownership of the content you host on third-party websites or applications that use American Safety Distributors services to provide payments services related to your content. Subject to the next paragraph, when you provide content to American Safety Distributors or post content using American Safety Distributors services, you grant American Safety Distributors (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. American Safety Distributors will not compensate you for any of your content. You acknowledge that American Safety Distributor’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against American Safety Distributors.

License grant from sellers to American Safety Distributors

Notwithstanding the provisions of the prior paragraph, if you are a seller using the American Safety Distributors services to accept payments for goods and services, you hereby grant American Safety Distributors and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a American Safety Distributors service as a payment form, and (2) any other use to which you specifically consent.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without American Safety Distributor’s prior written consent. American Safety Distributors may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when American Safety Distributor’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November), Black Friday (the fourth Friday in November), Christmas Eve (December 24), Christmas Day (December 25), and New Years Eve (December 31). If a holiday falls on a Saturday, American Safety Distributors observes the holiday on the prior Friday. If the holiday falls on a Sunday, American Safety Distributors observes the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

• Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be American Safety Distributors or coming from American Safety Distributors but asks you to send money outside your American Safety Distributors account.
• Relative in Need: a scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money.
• Lottery or Prize: a scammer informs you that you’ve won a lottery or prize and must send money in order to claim it.
• Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation.
• Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Remember that if you don’t send the payment through your American Safety Distributors account, you’re not covered by American Safety Distributors Purchase Protection. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your American Safety Distributors account for two or more years, American Safety Distributors may close your American Safety Distributors account. The funds in your American Safety Distributors account, will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, 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 American Safety Distributors.

Identity authentication

You authorize American Safety Distributors, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
• requiring you to take steps to confirm ownership of your email address or financial instruments;
• ordering a credit report from a credit reporting agency, or verifying your information against third-party databases or through other source; or
• requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that American Safety Distributors verify the​ required identifying information if you use certain American Safety Distributors services. American Safety Distributors reserves the right to close, suspend, or limit access to your American Safety Distributors account and/or the American Safety Distributors services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

American Safety Distributors is only a payment service provider

We act as a payment service provider only. We do not:

• Act as an escrow agent with respect to any funds kept in your account;
• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship with you;
• Guarantee the identity of any buyer or seller;
• Determine if you are liable for any taxes; or
• Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

State disclosures

In addition to reporting complaints against American Safety Distributors directly to American Safety Distributors as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your American Safety Distributors account and the American Safety Distributors services by email. To make such a request, send a letter to American Safety Distributors to: American Safety Distributors, Inc., Attention: Legal Department, 6982 NW 12st ST, Miami, FL 33126), include your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

Translation of agreement

Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your American Safety Distributors account or your relationship with American Safety Distributors. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Acceptable Use Policy

Last Update: April 29, 2021

You are independently responsible for complying with all applicable laws in all of your actions related to your use of American Safety Distributor’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

Prohibited Activities

You may not use the American Safety Distributors service for activities that:

1. violate any law, statute, ordinance or regulation.
2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to American Safety Distributors immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, please contact us.