THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE AND BY CREATING AN ACCOUNT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 21 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH CROW WHOLESALE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

YOU AGREE TO NOT DISCLOSE ANY PRODUCT OR PRICE INFORMATION TO ANY THIRD PARTIES NOR PUBLISH ANY INFORMATION CONTAINED ON THE WEBSITE OR OUR DOCUMENTS IN ANY MEDIA OR ONLINE.

THESE TERMS SUPERSEDE AND REPLACE ANY PRIOR AGREEMENTS OR UNDERSTANDINGS AND ALL PRIOR AGREEMENTS SHALL BE OF NO FORCE OR EFFECT FOR ANY ORDERS PLACED AFTER AGREEMENT TO THESE TERMS AND AN ACCOUNT BEING OPENED ON THIS SITE.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services from Crow Wholesale (the "Site"). If you are creating an account, any purchases on that account whether on the Site, over the phone, in person or through any other means are governed by these Terms and Conditions. These Terms are subject to change by Crow Wholesale (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site or any purchase on the account you create after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. Notwithstanding the foregoing, as a courtesy, Crow Wholesale will provide a notice of any material changes via email to all account holders at least ten (10) days prior to the date the change in material terms takes effect. Crow Wholesale reserves the right to determine what constitutes a “material change in terms” in its sole discretion. The courtesy notice does not excuse your obligation to review Terms prior to any purchases and any changes will be binding regardless if Crow Wholesale sends notice or does not send notice.

You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

Order Acceptance, Cancellation and Use of Account. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to our acceptance. We may choose not to accept orders at our sole discretion. You acknowledge that any confirmation email with your order number and details of the items you have ordered serves only to confirm our receipt of your order and not as our acceptance of your order.

You further understand and accept that certain manufacturers require compliance with their policies for resellers to which Crow sells the manufacturers’ products. You agree and consent to the terms of all manufacturers for dealers and resellers. A copy of all policies for any applicable products will be provided to You by Crow.

You also understand that Crow sales representatives and staff may access your account at any time for maintenance, security, customer assistance, product and order updates, modifications or cancellations or other site or account purposes.

Prices and Payment Terms.

1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service is the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and itemized in your shopping cart and your order confirmation email. While we strive to display accurate price information, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, including preapproval in writing for any credit account with us, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

   If you have applied and been approved in writing for a credit account with Crow Wholesale, invoicing and payment are subject to the terms and conditions for the credit account.

Shipments; Delivery; Title and Risk of Loss.

1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment. We are not liable for any damage to any packages occurring in transit.

Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products that were 1) incorrectly packed by us, 2) damaged prior to being shipped, 3) a different product that what was ordered by you or 4) otherwise shipped in error by us, for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 10 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call or email our Customer Service Department to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. You are advised to check each shipment promptly upon receipt and prior to signing for any delivery; alternatively, the shipment should be signed as BOL upon inspection. No requests for returns or refunds will be accepted after 10 days of delivery.

You are responsible for all shipping and handling charges on returned items unless we provide you with a call tag or return shipping label in advance of returning the products. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns, except for shipments containing damaged product or merchandise that was not part of your order, are subject to a 15% restocking fee.

Refunds, less the restocking fee, are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site which shall be either the credit card used for the purchase or a credit to a credit account used for the purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Manufacturer's Warranty and Disclaimers.

1. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

2. ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

3. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OR INFORMATION OFFERED ON THIS SITE.ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

4. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability.

1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

2. OUR SOLE AND MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Data Feeds. We do not guarantee the accuracy of any information regarding products or price obtained from any data feeds nor guarantee that such information is the most current or applicable information or that any such products remain in available. Any use of the information contained on any data feeds is subject to change at any time for any reason. We reserve the right to charge our current price for any products regardless of any other price on a data feed.

Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Iowa.

Waiver of Jury Trials and Binding Arbitration.

1. YOU AND CROW WHOLESALE AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

2. Arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules") The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by a duly authorized representative of Crow Wholesale.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

Notices.

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Site. Notices sent by email is effective when we send the email and notices we provide by posting is effective upon posting. It is your responsibility to keep your email address current.

2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to cs@crowwholesale.com or (ii) by personal delivery, overnight courier or registered or certified mail to Crow Wholesale, 170 Lang Creek Ave., Grinnell IA 50112. We may update the email address or delivery address for notices to us by posting a notice on the Site. Notices provided by personal delivery is effective immediately. Notices provided by facsimile transmission or overnight courier is effective one business day after they are sent. Notices provided by registered or certified mail is effective three business days after they are sent.

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy is deemed the final and integrated agreement between you and us on the matters contained in these Terms.