Please read these Terms of Service (“Terms”) carefully. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.
Services, Disclaimers of Warranties and Limitations on Liability
- 1. Service and Website. By accessing or using AgileSeller (referred to, as applicable, as “Service”, “we” or “us”), you agree to the terms of this agreement. Any reference to the “website”, the “site”, agileseller.com”, or other similar references, shall include any and all pages, subdomains, products or other content of our website. AgileSeller is owned and operated by Amzfit Inc., a Delaware corporation.
AgileSeller develops and operates data analysis software (“Software”), which is inteted to be sued by sellers and vendors on Amazon Marketplace. The Software contains a variety of tools “”Tools”) on the web platform (“Platform”)
- 2. Customer. You are a Customer (“Customer”) according to this agreement (or “you”). You must have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.
- 3. Personal Requirements. To set up an account and use the Service you must:
- a. You must be at least 18 years of age, and, where law requires an older legal age, of legal age for contractual consent or older to use this website and/or the other services.
- b. Provide your full legal name, valid email address, zip code, and any other information we request to complete your account-signup process.
- 4. Account Ownership. The member who created the account and, in case of a paid account, whose Payment Method is charged (the “Account Owner”) has access to and control over the account and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over access to the Service and not reveal the password or details of the Payment Method associated with the account to anyone. Account owners are not allowed to share their account, log-in or any other access related credentials with any other third party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are intended for single-use only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or AgileSeller. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.
- 5. Disclaimer of Warranties. To the fullest extent permitted by the applicable law, AgileSeller offers the website and service as-is and makes no representations or warranties of any kind concerning the website or its service, express, implied, statutory or otherwise, including, without limitation, merchantability, fitness for a particular purpose. AgileSeller does not warrant that the functions or content contained on the website or service will be uninterrupted or error-free, that defects will be corrected, or that our servers are free of viruses or other harmful components. in particular, AgileSeller makes no representation or warranty that the information provided through the service, regardless of the source, is accurate, complete, reliable, current, or error-free. AgileSeller disclaims all liability for any inaccuracy, error, or incompleteness in the service.
- 6. Limitation of Liability. Except to the minimum extent required by applicable law and then only to that extent, in no event will AgileSeller, its employees, officers, directors, affiliates or agents be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or service, or similar damages suffered or incurred by you or any third party that arise in connection with the website or service (or the termination thereof for any reason), even if AgileSeller team has been advised of the possibility of such damages.
- 7. Results Not Guaranteed. AgileSeller makes no guarantee or representation of any kind concerning the results of your use of the Software, Tool, or Service. Any testimonials or examples displayed or depicted through AgileSeller Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
- 9. Third Party Resources. The Website and the Service may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with AgileSeller. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
- 10. Intellectual Property. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by AgileSeller and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through AgileSeller.
- 11. Customer Data. “Customer Data” means information, data, and other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by you, or a third party on your behalf, through the Service. As between you and AgileSeller, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant AgileSeller a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for AgileSeller to provide the Service and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the Customer Data for analytics purposes. AgileSeller will only use your billing and other personal information for the purpose of providing you the Service.
- 12. International Users. The Service is controlled, operated and administered by AgileSeller from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws in your country and region. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- 13. Compliance with Law. You represent and warrant that your use and interaction with AgileSeller and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a country outside the United States, it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
- 14. Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
- 15. Severability. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
- 16. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware without regard to its conflict of laws rules, or international law or convention.
- 17. Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in Dover, in the State of Delaware, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
- 18. Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our discretion.
- 19. Electronic Communications. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by email, text, live chat, social media message, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 20. Entire Agreement. These terms and any additional terms you have agreed to, constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.