II. Terms of service
Buytoamerica.com will provide the Member with a suite number at the Buytoamerica, LLC facility in
the United States at which the Member can have mail and/or merchandise delivered prior to export.
Buytoamerica.com's services consist of acting as an agent of the Member for consolidation and export
purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At
the Member's direction, Buytoamerica.com arranges for export to the Member's specified local address
by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the
shipment. Buytoamerica.com does not act as an indirect air carrier of property, but rather acts as
an agent of the shipper or members. All packages received by Buytoamerica.com will be opened by
representatives of the Buytoamerica.com. Members are responsible for all import obligations in the
country to which all mail (for a Paid Account Member only) and packages will be sent. Members also
authorize Buytoamerica.com as its agent to authorize freight forwarder and/or carriers to conduct
customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely
for the purpose of designating a customs broker to perform customs clearance and entry.
Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect
every shipment tendered to forwarders and/or carriers on behalf of an Buytoamerica, LLC Member.
For Paid Account Members, Buytoamerica.com also will receive the Member's mail (such as letters,
catalogs, and newspapers), Buytoamerica.com cannot hold or store mail that will not fit into a
4-inch-tall mailbox. Buytoamerica.com will notify the Member via e-mail once his/her mailbox is
full, and the Member will have 10 days to either (1) request shipment of the mail or (2) request
that the mail be discarded. If no reply is received from the Member, Buytoamerica.com, in accordance
with these terms, understands that the Member is directing Buytoamerica.com to send the mail to the
Member's address on record through an unaffiliated freight forwarder or carrier. Any charges
generated directly from this activity, including taxes, customs duties, and service charges
(including any charges that may be established in the future) will be the responsibility of the
Member.
The Member authorizes Buytoamerica.com to charge his/her payment method for all services and/or
account activity with Buytoamerica.com. Such charges may include but are not limited to membership
dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any
optional services. Failure to provide payment for services rendered at the time of service may
result in late charges, stop shipment charges, suspension of service, cancellation of membership,
and involuntary return or the discarding of any remaining merchandise.
If a Member's payment method is by credit card, and if such Member has an outstanding invoice or
invoices, the Member authorizes Buytoamerica.com to charge his/her credit card for the outstanding
balances.
Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be
charged according to the actual weight or dimensional weight, whichever is greater.
Buytoamerica.com will allow active Paid Account Members to store their merchandise for up to 45 days
at no charge. Buytoamerica.com will allow active Free Account Members to store their merchandise for
up to 10 days at no charge. After 45 days for Paid Account Members, or after 10 days for Free
Account Members, the Member agrees to pay storage charges per box per day, consistent with
Buytoamerica.com's current schedule of fees.
Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with
the proceeds donated to charity), destroyed, or provided to government officials.
Insurance costs for shipments of merchandise are based on the insured value. Each US $100 of insured
value costs US $2. The insured value is subject to the terms and conditions of the particular
carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based
on the declared value.
Claims for lost or damaged merchandise must be filed within the published time limits of the
particular carrier. Claims are considered filed when a fully completed claim form, photograph(s),
and supporting documentation, including receipts, are received by Buytoamerica.com. Claims are
reviewed individually and the review process will take a minimum of seven (7) weeks. Specific
commodities, including televisions, computers, electronics, jewelry, figurines, furniture and
lighting have limits of liability in case of loss or damage regardless of the declared value or
insurance costs paid. Any liability for damage or loss caused after delivery to Buytoamerica.com is
limited to the lesser of either the declared value, proof of purchase price, or the specific
commodity liability limit. No liability will be assumed by Buytoamerica.com for damage or loss
caused to any items before delivery to Buytoamerica.com or caused to merchandise prepackaged by
manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the
claim. Buytoamerica.com has an Inland Marine insurance policy, with a liability limit of $250,000.
Buytoamerica.com does not maintain its own Aircraft Accident Liability Insurance coverage.
Either party may cancel the Membership Agreement with written notice (via email, fax, letter, or, to
the extent provided by the Buytoamerica.com website, online). Upon cancellation, MyUS.com Members
will receive a prorated refund on the unused portion of their annual membership charge. Annual
membership refunds are based on the monthly membership usage rate for a Paid Account Membership
listed in Buytoamerica.com's current schedule of fees. Refunds will be processed within fourteen
(14) business days of cancellation.
Each Member, as collateral security for the prompt and complete payment and performance when due
(whether at stated maturity, by acceleration or otherwise) of any amounts owed to Buytoamerica.com
by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"),
hereby mortgages, pledges and hypothecates to Buytoamerica.com and grants to Buytoamerica.com a lien
on and security interest in, all of its right, title and interest in, to and under any and all
packages shipped by such Member to Buytoamerica.com.
If a Member's account charges become delinquent for more than thirty (30) days, Buytoamerica.com may
exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions
and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation,
all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable
law.
Without limiting the generality of the foregoing, Buytoamerica.com may, without demand of
performance or other demand, presentment, protest, advertisement or notice of any kind (except any
notice required by law referred to below) to or upon a Member or any other person (all and each of
which demands, defenses, advertisements and notices are hereby waived to the extent permitted by
law), during the continuance of any account delinquency (personally or through its agents or
attorneys), (i) enter upon the premises where any and all packages shipped by such Member to
Buytoamerica.com are located, without any obligation to pay rent, through self-help to the extent
permitted by law, without judicial process, without first obtaining a final judgment or giving a
Member or any other person notice or opportunity for a hearing on Buytoamerica.com's claim or
action, except as may be required by applicable non-waive laws, (ii) collect, receive, appropriate
and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options
to purchase and deliver any such packages, in one or more Buytoamerica.com, or elsewhere upon such
terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on
credit or for future delivery without assumption of any credit risk, in each case, subject to
applicable non-waive laws. Buytoamerica.com shall have the right, upon any such public sale or sales
and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such
private sale, to purchase the whole or any part of such packages so sold, free of any right or
equity of redemption of a Member, which right or equity is hereby waived and released.
Title to any items that cannot be exported after arrival at the Buytoamerica.com facility will be
forfeited by the Member. Buytoamerica.com will have the option of returning all such forfeited
packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items
not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying
such items, or (3) providing such items to a government official.
The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers
in a manner that (1) transfers title to the Member prior to the time that the merchandise is
received at the Buytoamerica, LLC warehouse and (2) in accordance with risk of loss terms that
provide either that the buyer or the Member bears the full costs and risks of moving the goods from
the buyer's location to the Buytoamerica, LLC warehouse.
Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or
cancelled customers are twice the rate of the shipping charges listed on the Buytoamerica.com
website.
If a Member's account charges become delinquent for more than 30 days, Buytoamerica.com may, at its
sole discretion, cancel the Member's membership, process all packages and mail by returning the same
to the sender, or discarding all packages and mail. The Member forfeits all claims to items
abandoned in his/her mailbox once the membership is cancelled.
Monthly and annual memberships are automatically renewed unless the Member advises Buytoamerica.com
in writing that he/she wishes not to renew his/her membership.
There is no membership fee for a Free Account. Charges of a Free Account only are incurred for
initial set up, processing, shipping, and other shipping-related services.
Each package received by Buytoamerica.com with an incomplete, incorrect, or old address that can be
associated with a Member will be assessed a charge consistent with Buytoamerica.com's current
schedule of fees. Members should ensure that all merchants and sellers mark all packages with the
complete and accurate address, including the Member's unique suite number that has been assigned for
consolidation purposes. All packages received with incomplete, incorrect, or old addresses that
cannot be associated with a Member will be returned to the Sender or discarded.
All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage
per month late charge consistent with Buytoamerica.com's current schedule of fees. Personal Shopper
orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per
month late charge, consistent with Buytoamerica.com's current schedule of fees, for each 15-day
period that an order remains past due.
The Member's Buytoamerica.com suite number is to be used only for package consolidation purposes.
The Member will not represent that its Buytoamerica.com suite number is its address for any purpose
other than as the address to which packages may be delivered prior to export, including, but not
limited to, representing that its Buytoamerica.com suite number is the address of the Member's place
of business or residence. Failure to comply with this requirement may result in the cancellation of
the Member's Buytoamerica.com account.
The Member is solely responsible for complying with any terms and conditions of sale that may be
imposed by the seller of the merchandise. The Member acknowledges that Buytoamerica.com is not
responsible for any action taken by the seller with respect to the Member's order as a result of the
seller's terms and conditions of sale.
The Member also is responsible for informing the seller that any merchandise purchased and sent to
Buytoamerica.com's facility ultimately will be exported out of the United States. Additional
information is provided in Subsection III.D ("Compliance with the Foreign Trade Regulations") below.
It ultimately is the responsibility of the Member to ensure that the seller provides the export
classification of the merchandise and determines if any export licenses are required for the
merchandise. The Member must ensure that merchandise requiring an export license, or that is
otherwise controlled for export, is not shipped to Buytoamerica.com by the seller.
III. Compliance with laws
A. Compliance with Export and Import Laws
- The Member is responsible for and warrants his/her compliance with all applicable laws,
rules and regulations, including, but not limited to, the import and export laws and
government regulations of any country to, from, through or over which the Member's shipment
may be carried. This responsibility includes determining and meeting any and all applicable
import and export obligations and license requirements, including those of the U.S.
Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S.
Department of Treasury, and any and all import obligations or license requirements of the
destination country.
- The Member represents and warrants that all its activities will be conducted in compliance
with applicable laws governing the export, import, and provision of goods and services in
the United States and in the jurisdictions in which the Member resides, operates, or will
receive shipments, including but not limited to the Laws of the United States governing
embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export
Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms
Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730
et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and
executive orders relating to any of the foregoing, the Laws administered by the Office of
Foreign Assets Controls of the United States Department of the Treasury, the Laws
administered by United States Customs and Border Protection, and the Laws administered by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice
(collectively "Export, Import, and Economic Sanctions Laws"). Additional information about
the items that you can and cannot have processed by MyUS.com is available on our Prohibited
and Restricted Items page.
- The Member represents and warrants that (a) the recipient of any items consolidated by
Buytoamerica.com is the end user of any and all merchandise and mail that the Member has
requested be exported through a freight forwarder or carrier to the recipient's address, or,
if the Member is reselling the merchandise, the Member can identify the end users and
provide Buytoamerica.com with any requested information on such end users, (b) any and all
merchandise and mail that the Member requests be consolidated by Buytoamerica.com will be
used in the country to which the Member requests shipment, and (c) the Member will not
re-export the merchandise and mail to a different destination. The Member may not return to
the United States or resell in or into the United States any food products or dietary
supplements it receives through Buytoamerica.com, and the Member shall require any
recipients of the food products or dietary supplements to adhere to the same requirements.
Buytoamerica.com reserves the right to request that the Member or the recipient of an item,
as applicable, sign documents confirming the end use or end user of any item exported
through a freight forwarder or carrier by Buytoamerica.com.
If you are a reseller, you agree to be bound by the following terms:
- As a condition of your membership with Buytoamerica.com, you agree to be bound by all terms and conditions of Buytoamerica.com. The most recent version of the Buytoamerica.com Terms & Conditions is available at Buytoamerica.com. The Buytoamerica.com Terms & Conditions are subject to change at any time.
- You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of MyUS.com to any destination, end-user, or for any end-use prohibited by the laws of the United States. By signing and returning this letter, you agree that you will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on a U.S. Government denied party list.
- You recognize that products consolidated and exported using the services of Buytoamerica.com from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:
- made in the U.S. or contains a certain amount of U.S.-origin content
- foreign-origin but has "traveled" through the U.S. ;
- developed from U.S. technology;
- sold by a U.S. citizen anywhere in the world; or made by a U.S. company anywhere in the world.
Thus, the products consolidated and exported using the services of Buytoamerica.com from the United States are subject to the controls of the EAR.
We have attached links to pertinent government websites for your convenience:
- Export Administration Regulation (EAR) § 736 – 10 General Prohibitions
https://www.bis.doc.gov/index.php/forms-documents/doc_view/413-part-736-general-prohibitions
- International Traffic in Arms Regulations (ITAR) – 22 CFR Chapter 1, Subchapter M, Parts 120
- 130 http://pmddtc.state.gov/regulations_laws/itar.html
- Consolidated Screening List for U.S. Government Denied Parties
http://export.gov/ecr/eg_main_023148.asp
- Consolidated Screening List for U.S. Government Denied Parties
http://export.gov/ecr/eg_main_023148.asp
You represent and warrant that the items you purchase for resale will be sold or distributed
by your organization and that with respect to such items you will comply with the applicable
laws governing the export, import, and provision of goods and services in the United States
and in the jurisdictions in which the end user of your products resides, operates, or will
receive shipments, including but not limited to the laws of the United States governing
embargoes, sanctions, and boycotts, the Arms Export Control Act (22 U.S.C. 2778), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export
Administration Act of 1979 (50 U.S.C. 4601-4623), the International Traffic in Arms
Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730
et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and
executive orders relating to any of the foregoing, the Laws administered by the Office of
Foreign Assets Controls of the United States Department of the Treasury, the Laws
administered by United States Customs and Border Protection, and the Laws administered by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice.
You also will ensure that any person or name to which you are shipping, either directly or
indirectly, does not appear on a U.S. Government denied party list. The Consolidated
Screening List for U.S. Government Denied Parties is available at
http://export.gov/ecr/eg_main_023148.asp.
- You also agree that you will comply with all regulatory requirements with respect to
products classified under Export Control Classification Number ("ECCN") 3A991. a.1.
Specifically, you certify that pursuant to Section 744.17 of the EAR, you will not re-export
items classified as 3A991. a.1 without an export license from BIS if you have reason to know
or are otherwise informed that the item will be or is intended to be used for a military
end-use or by a military end-user in any of countries listed in Country Group D:1 (a list of
countries in Country Group D:1 is available at
http://www.bis.doc.gov/index.php/forms-documents/doc_download/944-740-supp-1).
- You agree that only items purchased from the United States will be routed through
Buytoamerica.com (i.e., you will not knowingly purchase items from outside of the United
States to be imported to the Buytoamerica.com facility in the United States).
-
You recognize that when purchasing merchandise, you are responsible for notifying, and agree
that you will notify, each U.S. Principal Party in Interest ("USPPI"), as defined by the
United States Foreign Trade Regulations, that you intend to export the merchandise purchased
from the United States. You agree to provide to Buytoamerica.com all information that may be
required from the USPPI for export purposes, including, without limitation, the Export
Control Classification Number of the item and the USPPI's tax identification number (if an
Electronic Export Information filing ("EEI") via the Automated Export System ("AES") is
required).
-
You acknowledge that you will serve as the Importer of Record into the destination country
for all transactions conducted using the services of Buytoamerica.com. You are responsible
for complying with all import obligations or license requirements of the destination
country.
-
To the extent that you are a reseller and the ultimate purchasers (i.e., your customers) are
known to you at the time you export merchandise using the services of Buytoamerica.com
(e.g., your transaction is for a specific person rather than for inventory to be sold in the
future), the following requirements apply:
You must provide Buytoamerica.com with the identity of your customer prior to conducting a
transaction on behalf of that customer. The customer should be added to your
Buytoamerica.com account as an additional named person benefitting from the account.
Ultimately, you are responsible for conducting screening to ensure that you do not export to
Prohibited Persons as defined in the Buytoamerica.com Terms and Conditions using the
services of Buytoamerica.com or its unaffiliated freight forwarders and/or carriers
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or,
depending on your destination country, may either require an import license, additional
documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, perfume, nail polish)
- Any type of pressurized can (hair spray, shaving cream, spray cans of any type)
- Firearms, weaponry and their parts: military, police and tactical equipment of any kind,
including guns, gun replicas, gun accessories, gun components (magazines, clips and rail
systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as
shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights,
night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
- Coffee (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that
any food (including dietary supplements) received through MyUS.com may not be returned to or
resold in the United States.
- Animals and products made with animal skin (furs)
- Alcohol (Buytoamerica.com may be able to assist you with shipping table wine through
unaffiliated freight forwarders and carriers in limited quantities to some countries, but
not to Muslim countries such as Saudi Arabia)
- Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible
stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b)
can only be insured up to $500 maximum and any shipments of jewelry in excess of $500
carriage limit is uninsured and Member assumes all risk of loss above such limit.
- Lottery tickets and gambling devices
- Prescription and/or veterinary medication
- Pornography
- Lock picking devices
- Government IDs and licenses, or items that claim to be, or that look similar to, government
identification documents. This includes uniforms and badges or patches designed to look like
official government-issue.
- The Member understands and agrees that any software and/or data residing on used computer
equipment or other electronic storage device is the sole responsibility of the Member. The
Member is responsible for and warrants his/her compliance with all applicable import and
export laws, rules and regulations, including, but not limited to, the import and export
laws and government regulations of the Office of Foreign Assets Control, U.S. Department of
State, and U.S. Department of Commerce and any requirements pertaining to the shipping of
any such software and/or data to any country to, from, through or over which the Member's
shipment may be carried. Member also understands that Buytoamerica.com is not responsible
for the loss of any software and/or data.
- The Member acknowledges that MyUS.com will not directly or indirectly, participate in any
way in any transaction involving any commodity, software or technology (hereinafter
collectively referred to as "item") exported or to be exported from the United States that
is subject to the ITAR or that would require an export license under the EAR, except in
instances where the item subject to the EAR is eligible for an export license exception that
has been approved for use by Buytoamerica.com. The Member also acknowledges that
Buytoamerica.com does not allow for the use of exemptions under the ITAR. Additional
information about the items that you can and cannot have processed by Buytoamerica.com is
available on our Prohibited and Restricted Items page.
- The Member is responsible for confirming that prohibited items listed in the
Buytoamerica.com Prohibited and Restricted Item page are not sent to Buytoamerica.com.
Buytoamerica.com reserves the right to return packages to the sender(s) for any reason, to
provide packages (and information concerning the same) to government authorities, or to
otherwise discard packages (including by selling forfeited items with the sales proceeds
going to charity).
Additional information is available on our Prohibited and Restricted Items page. The United
States government provides general information about U.S. export requirements on the
Export.gov website.
C. Prohibited and Restricted End Users and Destinations
Buytoamerica.com will not provide services to any of the following countries/regions:
- Cuba
- Iran
- Myanmar
- North Korea
- Sudan
- Syria
- Lybia
- Ukraine: Crimea Region
Buytoamerica.com will not provide service to persons and/or entities identified on: (1) the U.S.
Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified
List; (2) the U.S. State Department Debarred Parties List; or (3) the List of Specially Designated
Nationals maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control.
Buytoamerica.com reserves the right to update this list at any time to reflect current law and
regulations. Buytoamerica.com also will not provide service to any person or entity that is directly
or indirectly involved in the financing, commission or support of terrorist activities or in the
development or production of nuclear, chemical, biological weapons or in missile technology programs
as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).
At no time shall the Member provide merchandise or mail to any Prohibited Person (as defined
herein). For purposes of this Agreement, a "Prohibited Person" shall mean (a) a Person who is a
"designated national," "specially designated national," "specially designated terrorist," "specially
designated global terrorist," "foreign terrorist organization," "specially designated narcotics
trafficker," or "blocked person" within the definitions set forth in the Foreign Assets Control
Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended
(the "OFAC Regulations") or who otherwise appears on the list of Specially Designated Nationals and
Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC's website); (b)
the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or
instrumentality thereof, or any other country against which the United States maintains economic
sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or
purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any
government, individual, or group against which the United States maintains economic sanctions or
embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1
of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit,
Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other
list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations
of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law,
regulation, or Executive Order of similar import, as each such law has been or may be amended,
adjusted, or modified or reviewed from time to time.
In the event that the Member is believed potentially to be a Prohibited Person or requests that
Buytoamerica.com arrange for the shipment of items to an individual or entity believed to be a
Prohibited Person, Buytoamerica.com may ask the Member to provide documentation to show that the
Member and/or individual or entity to which a request to export items has been made is not a
Prohibited Person. If the identity of the Member and/or the individual or entity to which a request
to export items has been made cannot be proven to the satisfaction of Buytoamerica.com,
Buytoamerica, LLC reserves the right to remove the shipping address of such potential Prohibited
Persons from the Member's account or to cancel the Member's account, Buytoamerica.com also reserves
the right to request a signed Statement of Assurance from the Member stating that the Member
understands his or her obligations under U.S. export law and that the Member will conduct screening
to ensure that the Member does not export to Prohibited Persons using the services of
Buytoamerica.com or its unaffiliated freight forwarders and/or carriers. For additional information
about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited
Persons, please see the OFAC website.
D. Compliance with the Foreign Trade Regulations
Buytoamerica.com takes every precaution and makes every effort to fully comply with all laws and
regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on
the information provided by the Member and the U.S. seller.
A. The Member agrees to furnish the necessary information and complete and attach the necessary
documents to comply with any applicable laws, rules and/or regulations, including notifying the
United States Principal Party in Interest ("USPPI"), as defined by the United States Foreign Trade
Regulations, about the nature of the export in every transaction generated by the Member. The Member
agrees to provide to Buytoamerica.com all required information for export purposes from the USPPI,
including without limitation the Export Control Classification Number and the USPPI's tax
identification number (if an Electronic Export Information filing ("EEI") via the Automated Export
System ("AES") is required).
B. If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no
invoice is available, the Member is responsible for providing Buytoamerica.com with the true and
accurate price that the Member paid for the merchandise, if the Member purchased it. In all
circumstances, the Member represents and certifies that any value provided to Buytoamerica.com is
true and accurate. The Buytoamerica.com Compliance Department reserves the right to periodically
review values and may request additional documentation to support the values entered by the Member.
The Member is subject to civil and criminal penalties for making false or fraudulent statements to
the U.S. government or for the violation of any U.S. laws or regulations on exportation.
E. Fraud Prevention
A. Buytoamerica.com uses commercially reasonable efforts to prevent fraudulent use of the Website.
NOTWITHSTANDING THE FOREGOING, BUYTOAMERICA.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent
activity with respect to your account, you must contact Buytoamerica.com immediately, and
Buytoamerica.com will cancel such account.
B. You may not use the Website for multi-level marketing, pyramid schemes, receiving checks
and/money orders, or other business practices easily subject to abuse. You represent, warrant, and
covenant that all information you provide to Buytoamerica.com is accurate and complies with all
applicable local, state, and federal laws and regulations, including any information regarding the
value or export classification of merchandise. You are solely liable for such information and for
maintaining all records as required under law. You may be subject to civil or criminal penalties by
the U.S. Government for making false or fraudulent statements with respect to such information.