Terms of Use

These Terms and Conditions (the “Terms”) of Eggracks.com. a branch of Global Phoenix a New York corporation (“Global Phoenix”), registered at 21 Dutch Mill Rd, Ithaca NY 14850, are a legally binding agreement between you and Eggracks.com and its affiliates relating to the usage of Eggracks’ website and related services (collectively, the “Services”), including, but not limited to, the purchase of products for wholesale or dropship. These Terms do not apply to any content or services provided by third parties, whether such third-party services (or links thereto) appear on Eggracks.com website or are otherwise incorporated into the Services or not. These Terms affect your rights, so please read and review them. Subject to our Terms, Eggracks will use commercially reasonable efforts to provide to you the Services and commercially reasonable technical support within Eggracks’ website and/or mobile applications available on various platforms in accordance with Eggracks’ standard practices.

1. Acceptance of Terms and Conditions; License

By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your ability to access and use our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Eggracks webpage. By using the Services, you consent to the terms and conditions of all Eggracks policies.

Your use of a particular Eggracks webpage included within the Eggracks website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms.

Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Eggracks that you have the authority to bind such entity and its affiliates to these Terms. In such case, the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Eggracks grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.

2. Modifications of Terms and Conditions

Eggracks may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Eggracks will use commercially reasonable efforts to give you at least 7 days notice prior to the change. Notifications regarding the policy modifications or amendments will be posted directly on Eggracks’ website. Additionally, an email notification will be sent to the email address provided to Eggracks by our users. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the “Terms of Use” link at the bottom of Eggracks’ website.

3. Your Information and Content

As part of the Membership registration process, website browsing, and order placement process on the Eggracks website, you will be required to provide certain personal identifying and financial information in connection with your Eggracks account. You may also add additional personal information to your account profile at your discretion. Such information is not required but may improve the experience of our Services. All information you provide to Eggracks, directly or indirectly, is subject to Eggracks’Privacy Policy, which you agree to by your use of the Services please review it carefully to understand Eggracks’ privacy practices.

Notwithstanding anything to the contrary, Eggracks shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies. This includes but is not limited to, information concerning your User Content and data derived therefrom), and Eggracks will be free (during and after the term hereof) to (a) use such information and data to improve and/or enhance the Services and/or for other development, diagnostic and corrective purposes in connection with the Services and other Eggracks offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Eggracks, you agree that Eggracks and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize your suggestions and feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Eggracks will not be obligated to implement any suggestions, or feedback, or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.

In addition to the foregoing, you hereby also grant to Eggracks a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify, and process your User Content in accordance with these Terms and Eggracks’ Privacy Policy, as each is amended from time to time.

4. Restrictions and Responsibilities

You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise

You represent covenant and warrant that you will use the Services only in compliance with Eggracks’ standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although Eggracks has no obligation to monitor your use of the Services, Eggracks may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

5. Billing

After registering for and logging in to your Eggracks account, you can review and modify the specific details of your billing information. It is your responsibility to maintain a valid up-to-date payment method on file.

Eggracks reserves the right to terminate your account for any or no reason with or without notice.

6. Account Access; Identity Protection

Subject to Eggracks’ Privacy Policy, in order to provide you with ease of access to your account, Eggracks will place a cookie (a small text file) on any computer or device from which you access the Eggracks website. When you revisit the Eggracks website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

You are responsible for updating and maintaining the validity and accuracy of the information you provide to us through your account settings. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them with your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers log out of the Eggracks website at the

Eggracks reserves the right to suspend and terminate your account at any time with or without notice if Eggracks believes that such an account is involved in fraudulent activity. You will not be entitled to any refund and/or other consideration in connection with the

7. Intellectual Property

Eggracks shall own and retain all rights, title, and interest in and to (a) the Services (including the Software), all product information, images, improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies, or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Eggracks reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark, or logo of Eggracks. Eggracks reserves the right to terminate your account without any notice or liability to you if, in its sole and absolute discretion, Eggracks believes that you are in violation of this clause.

Without limiting the foregoing, reproductions, and/or alterations of product images, and/or descriptions may be used for marketing and reselling purposes only. You must receive written consent from Eggracks for any other use or any modification of product images, and/or any other copyrighted materials.

Any images of persons or personalities contained on the Eggracks website shall not be an indication of endorsement of any product within Eggracks or the Services unless explicitly stated otherwise.

You may not repackage, reproduce, or otherwise sell Eggracks data related thereto.

8. Term and Termination

These Terms will remain in full force and effect while you use or are registered to use the Services (whether you maintain an active membership plan or not) and until terminated by either you or Eggracks. Termination includes permanent deletion of your registered account and ceasing to access the Eggracks website. You and Eggracks may terminate your account or direct access and these Terms at any time and for any reason or no reason at all, provided that you remain liable for all fees that accumulate in connection with your Membership and the Services.

All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accumulated rights to payment, confidentiality obligations, warranty disclaimers, and/or limitations of liability.

Eggracks reserves the right to terminate your account or this agreement at any time. Eggracks may provide a 30-day termination notice to the email address you registered with Eggracks if applicable. Eggracks reserves the right to suspend or terminate your account or this agreement immediately if we determine that (a) you or your affiliate have materially breached the agreement and have failed to cure to Eggracks within 7 business days of a cure notice, unless your breach exposes us to liability toward a third-party, in which case we are entitled to reduce and/or waive, the aforementioned cure period at our reasonable discretion; (b) your account is, has been, or our controls identify that it may have been used for deceptive and/or fraudulent and/or illegal activity; (c) your use of the Services is harming, has harmed, or our controls identify that it may have or will harm other resellers, customers, or Eggracks’ interests.

9. Indemnity

You agree to indemnify and hold Eggracks, its directors, managers, officers, employees, equity holders, or any and all other representatives, harmless from any and all third-party claims arising out of your purchase and/or any other party accessing the service through your account and/or your affiliate account. Including but not limited to, any liability and/or expenses arising from any and all claims, direct and/or indirect damages, lost profits, suits, judgments, litigation costs, or any and all attorneys’ fees.

10. Limitation of Liability


Communications to users from Eggracks may be by electronic means. You hereby consent to receive communications from Eggracks in electronic form and agree that any and all terms and conditions, agreements, notices, disclosures, and/or other communications that Eggracks provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, excluding any non-waivable rights.

The Services may include certain communication to the user from Eggracks, such as service announcements, administrative messages, and/or newsletters. You may be prompted to opt into some and/or all communication types upon registering for a Membership. After you have opted into Eggracks’ communication types, you may opt out of receiving any/and all communications at any time. However, Eggracks’ service announcements and/or administrative messages are not eligible to be opted out of and are required to be sent to any active registered account with Eggracks. If you wish to discontinue these announcements and/or messages, your Eggracks account is required to be permanently deleted by either you or Eggracks.

11. Miscellaneous Provisions

 ·  Resale and Tax Compliance

As a reseller of products purchased through Eggracks.com, you agree and confirm that you have successfully obtained any and all appropriate Supplier's permit(s) and that all purchases made within your account are for the purpose of resale for profit either online (including any stand-alone websites, third-party online trading platforms, etc) or offline, and are not to use whatsoever, for any reason in your own business operation.

Scope of products which you may resell: Subject to your purchase orders placed on this website.

You will resell the item(s) that you are listing to third-party marketplaces and/or stand-alone websites and purchasing on Eggracks.com in the form of tangible personal property in the regular course of your business operations, and you will do so prior to making any and all use of the item(s) other than demonstration and display while warehousing the item(s) for sale in the regular course of your business. You understand that if for any reason, whatsoever you use the item(s) purchased on Eggracks.com in any manner other than for resale you may be subject to owe use tax to a tax jurisdiction based on each item's purchase price and/or as otherwise provided by law.

If you violate the above agreement to evade the tax liability, any related liability incurred will be solely your legal responsibility to pay. You will be fully liable to pay for any and all losses caused to the Eggracks, provider, and/or Supplier.

·  Confidentiality

You understand that all information provided by Eggracks must be used only in accordance with its specified purpose. Furthermore, you agree to not provide any confidential or proprietary information received from Eggracks to any business entity that may compete with Eggracks for any reason whatsoever. Any and all violations of confidentiality will result in the immediate termination of your account permanently, and you will be liable for any and all damages arising therefrom. Eggracks reserves the right to enforce this confidentiality provision by injunction, specific performance, and/or other equitable relief, without bond, without prejudice to any other and all rights and/or remedies that Eggracks may have for a breach hereof.

·  Governing Law; Venue

If you are a user based in the US: These Terms and/or any dispute and/or claim arising out of and/or related to these Terms, its subject matter or its formation (in each case, including non-contractual disputes and/or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision and/or rule. Any and all legal suits, actions, and/or proceedings that arise out of and/or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Ithaca New York, and you further agree that such courts shall have personal jurisdiction and venue with respect to you. You hereby submit to the jurisdiction and venue of such courts and waive any and all objections. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND EGGRACKS AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

·  General Provisions

Headings. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Severability. If any provision of these Terms is found to be unenforceable and/or invalid, that provision will be limited and/or eliminated to the minimum extent necessary so that these Terms will otherwise remain in enforceable full force and effect.

Entire Agreement. These Terms are the complete and/all exclusive statement of the mutual understanding of the parties and supersede and/or cancel all previous written and/or oral agreements, communications, and/or other understandings relating to the subject matter of these Terms.

Assignment. These Terms are not assignable, transferable, or sublicensable by you except with Eggracks’ prior written consent. Eggracks may transfer and assign any of its rights and obligations under these Terms without consent.

No Waiver. Our failure to insist upon or to enforce any/and all provisions of these Terms shall not be construed as a waiver of any provision or right for any reason whatsoever.

Security. Eggracks does not guarantee that our Services will be secure or free from bugs or viruses. You yourself are responsible for configuring your information technology, computer programs, and/or platform to access our Services. It is recommended that you use your own virus protection software.

Agency. No agency, partnership, joint venture, and/or employment relationship is created due to these Terms and neither party has any authority of any kind to bind the other in any respect for any reason whatsoever.

Notices. Unless otherwise explicitly stated in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent through certified or registered mail; delivery confirmation will be requested when the stated delivery is electronically confirmed if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

While www.Eggracks.com and any or all of their dependent pages contain far too much information to be quoted in their entirety in these Terms, you are solely responsible for reading and understanding all applicable information contained on any Eggracks page. Eggracks is not for any reason responsible for any/all inconvenience, loss of profit, and/or other complications that you, your business, and/or customers may experience as a result of your failure to read and understand any and all information on the Eggracks website.

Please note, that unauthorized returned shipments sent to the Eggracks’ address will be refused, disposed of, and or ineligible for a refund. For proper handling of returns, you are required to follow our return/refund policies.

If you have any questions or concerns about Eggracks’ products, services, features, websites, and/or app, and/or these Terms, you may contact Eggracks’ customer support team via email, phone, or chat. You can also send mail via postal carrier to our headquarters: Eggracks Attn: Customer Support 21 Dutch Mill Rd. Ithaca NY 14850, USA.