LAST UPDATED: March 22, 2021
USE OF THE WEB SITE
SELLERCLOUD maintains the Web Site for your personal use. Your use of the Web Site for any other purpose is permissible only upon the express prior written consent of SELLERCLOUD. Without limiting the foregoing, you may not: (1) use the Web Site in a commercial manner, including by distributing, transmitting or publishing the Web Site or any of its content; (2) interfere with the functioning of the Web Site; (3) impair the Web Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with SELLERCLOUD’S intellectual property rights; (5) frame or otherwise co-brand the Web Site or any of its content unless otherwise permitted by a signed writing with SELLERCLOUD; (6) deep-link to any portion of the Web Site; or (7) use the Web Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Web Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet or telecommunications service provider of your activities and take appropriate legal action.
WEB SITE MODIFICATIONS
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Web Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and functions.
LINKS TO OTHER WEB SITES
The Web Site may include links to third-party web sites or mobile web sites. SELLERCLOUD does not control and is not responsible for the content or privacy policies of any linked third party web site or mobile web site, and the inclusion of any link to such site does not imply our endorsement of it.
COMMENTS, REQUESTS AND TRANSACTIONS
All submitted comments, requests or transactions made through the Web Site are subject to SELLERCLOUD’ acceptance, which is in our sole discretion. Without limitation, this means that SELLERCLOUD may disregard, refuse to accept or may cancel any submitted comment, request or transaction, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Web Site, you consent to receiving electronic communications and notices from SELLERCLOUD. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Web Site are copyrighted by SELLERCLOUD and are protected by law. You may print a copy of the Content on your computer or other device only for your own personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Sellercloud, 410 Monmouth Avenue, Suite 502, Lakewood, New Jersey USA 08701 or by using this contact form. SELLERCLOUD does not warrant that your use of materials displayed on or linked to the Web Site will not infringe the rights of third parties.
Sellercloud® is a registered trademark/service mark owned by SELLERCLOUD. This is not an all-inclusive list of SELLERCLOUD’S trademarks and service marks. Trademarks and service marks designated with the “®” symbol are registered with the U.S. Patent and Trademark Office. Other trademarks and service marks belonging to SELLERCLOUD may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by SELLERCLOUD that appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by SELLERCLOUD.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you in believe that materials posted on the Web Site violate your intellectual property rights, please contact us at Sellercloud, 410 Monmouth Avenue, Suite 502, Lakewood, New Jersey, USA 08701 or by using this contact form. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Web Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
USE OF COMMENTS SUBMITTED
You agree that SELLERCLOUD is free to use any comments or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Web Site or other products or services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLERCLOUD, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE WEB SITE OR FOR ANY INFORMATION SUBMITTED TO, PROVIDED BY OR THROUGH THE WEB SITE. ANY CLAIM FOR DIRECT DAMAGES CONCERNING ACCESS, USE OR THE INABILITY TO USE THE WEB SITE OR FOR ANY INFORMATION PROVIDED BY OR THROUGH THE WEB SITE SHALL BE LIMITED IN THE AGGREGATE TO FIFTY DOLLARS ($50).
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold SELLERCLOUD, its affiliates and related companies and each of their respective directors, officers, members, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your use of the Web Site, your violation of any law or the rights of any person.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void and neither you nor SELLERCLOUD is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. ACCORDINGLY, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER YOUR FIRST USE OF THE WEB SITE BY REGISTERED MAIL RETURN RECEIPT REQUESTED to Sellercloud, 410 Monmouth Avenue, Suite 502, Lakewood, New Jersey USA 08701. Include your name, address and a clear statement that you do not agree to this Arbitration provision.
SELLERCLOUD will not be liable for any failure or delay in connection with the Web Site if such failure or delay is due to circumstances or events beyond its reasonable control, including, without limitation, acts of a governmental body, war, insurrection, acts of terrorism, sabotage, embargo, fire, flood, mud slides, earthquakes, strikes, natural disasters, acts of God, public health emergencies, epidemics, endemics, pandemics, shelter-in-place or stay-at home orders, quarantines, government shutdowns, labor disturbances, riots, gas shortages, interruption or delay in transportation or travel, unavailability of, interruption or delay in network capabilities, telecommunications, the Internet or third party products or services, inability to submit, obtain or receive information through the Web Site.