Terms of Service

Terms of Service

 

 

(This agreement was last updated on June 19th 2017)

(Our Terms of Service include our Privacy Policy and Disclaimer below)

 

 

 

The following terms and conditions govern all use of the AMZ List Builder, LLC (“AMZLB” “us” “our”

 

“we”) website and all content, services and products available at, or through, the website, including, but

 

not limited to, the email list management service, (taken together, the Services). The Services offered is

 

subject to your acceptance without modification of all of the terms and conditions contained herein and

 

all other operating rules, policies, and procedures that may be published from time to time on this Site

 

by AMZLB (collectively, the “Agreement”).

 

 

 

Please Read Carefully Before Using This Website or Accessing and/or Using the Services:

 

 

The following terms of service (“Terms of Service”) govern your use of our website (the “Site”) and the AMZLB web-

based software, application integration, e-mail, and data linking service accessed through the Site

 

(“Service”), both of which are owned and operated by AMZ List Builder LLC (“AMZLB”).

 

AMZLB reserves the right to modify the Terms of Service at any time in its sole discretion, and without

 

any prior notice to you. Any continued use by you of the Site and/or the Service after the posting of such

 

modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified

 

Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of

 

Service, you may no longer use or access the Site or Service. If these terms and conditions are

 

considered an offer by AMZLB, acceptance is expressly limited to these terms. The Services are available

 

only to individuals who are at least 18 years old.

 

 

 

Use of Service, License, and Intellectual Property

 

AMZLB is a service for third-party Amazon Sellers. The Service is a monthly subscription of the AMZLB

 

software that allows Amazon sellers (“user”, “you”) to manage order data and customer-

communications. You agree that AMZLB has the right to collect, store, and use non-sensitive data that

 

can be uniquely identified to a user’s customer. You are responsible for your conduct, Content, and

 

communications with others while using the Services. You agree to use the Services in compliance with

 

applicable law. Upon signing up for the Service, and subject to all of the terms and conditions of these

 

Terms of Service, AMZLB hereby grants to you a personal, limited, nonexclusive, nontransferable right

 

and license to use the Service (“Use License”), solely for your own purposes, until such time as either

 

you or AMZLB elect to terminate such right in accordance with the Terms of Service, and as long as you

 

meet any applicable terms, restrictions and payment obligations.

 

Under this Use License, you may not Attempt to decompile or reverse engineer any software contained

 

on AMZLB’s Site or API, access or use the Site or Services in order to build a similar or competitive

 

service. This license shall automatically terminate if you violate any of these restrictions and may be

 

terminated by Hunter at any time.

 

 

 

The Service is protected by copyright, trade secret, and other intellectual property laws. All logos,

 

domain names, website content and other intellectual property that entail our products and services are

 

the exclusive property of AMZLB. You will not copy, imitate, modify, alter, amend or use any of the

 

intellectual property without our prior written consent. You will not attempt to reverse-engineer the

 

product for any reason.

 

 

 

Email Limits

 

Depending on the type of subscription you signed up for, you will be limited to a certain number of

 

emails per month. If you wish to create and send additional emails beyond your limit, you must upgrade

 

your subscription.

 

 

 

Passwords and Account Access

 

Upon registration on the Site, you will provide AMZLB with a password to access your account. You are

 

responsible at all times for maintaining the confidentiality of your password and security of your

 

account. You are fully responsible for all activities that occur under the account and any other actions

 

taken in connection with the account. You agree to immediately notify AMZLB of any suspected or

 

actual unauthorized use of your account. You agree to waive all claims against AMZLB and you agree

 

AMZLB will not be liable under any circumstances for any cost, damages, loss, or expenses that may

 

arise in the event the security of your account has been compromised. In the event there is a breach of

 

security through your account, you must immediately change your password. AMZLB will not be liable

 

for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or

 

omissions. You must be a human. Accounts registered by “bots” or other automated methods are not

 

permitted. You must provide your legal full name, a valid email address, and any other information

 

requested in order to complete the sign-up process. You must not, in the use of the Services, violate any

 

laws in your jurisdiction and in United States (including but not limited to copyright or trademark laws).

 

 

 

Privacy and Security

 

Your privacy and the security of your account is very important to us. We use encryption on any areas of

 

the site that contain sensitive information such as credit card numbers, account credentials, or customer

 

information.

 

 

 

Fees, Payments, and Renewal

 

You agree to pay all fees associated with using the Service. All fees are in US Dollars. By providing a

 

credit card, debit card, or other payment method accepted by AMZLB for your subscription to the

 

Service, you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a

 

recurring basis corresponding to the term of your subscription, any other fees for additional services you

 

may purchase, and any applicable taxes in connection with your use of your subscription.

 

Unless you notify AMZLB before the end of the applicable subscription period that you want to cancel

 

the Service, your subscription to the Service will automatically renew and you authorize us to collect the

 

then-applicable annual or monthly subscription fee for such Service (as well as any taxes) using any

 

credit card or other payment mechanism we have on record for you.

 

You must provide a valid credit card or debit card number acceptable to AMZLB, or by another payment

 

option AMZLB provides to you in writing. If your payment and registration is not accurate, current or

 

complete, and if you do not notify us promptly of any changes to such information, we may suspend or

 

terminate your account and refuse any use of the Service. Payment will occur automatically on or about

 

the day shown on the website. In the event that your payment fails or is disputed, we may collect

 

payment via other means including but not limited to collection agencies. Your credit card will be

 

charged based on your order volume.

 

 

 

Refunds

 

AMZLB will not provide any refund for any remaining prepaid period of the Service. Any upgrade in the

 

Service use will result in new fees being charged at the next billing cycle. There will be no prorating for

 

downgrades in between billing cycles. Downgrading the Service may cause the loss of features or

 

capacity of your Service. AMZLB does not accept any liability for such loss.

 

 

 

Cancellation & Termination

 

You are responsible for cancelling account. You can cancel your AMZLB account at any time. AMZLB

 

reserves the right to cancel inactive accounts at our sole discretion and without notice. Further, without

 

limiting our other remedies, AMZLB, in its sole discretion, has the right to limit, suspend, or terminate

 

our service and your account, without notice, and for any reason in the event we think you are abusing

 

our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or

 

potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates,

 

any third parties, or you are acting inconsistent with our policies or the spirit of our policies. Upon

 

cancellation, all of your content will be immediately deleted from the Service. This information cannot

 

be recovered once your account is cancelled. If you cancel the Service before the end of your current

 

paid up month, your cancellation will take effect immediately and you will not be charged again.

 

 

 

Monitoring Site Content and Service Use

 

AMZLB reserves the right, but not an obligation, to monitor use of the Service, and to investigate and

 

take appropriate legal action against any party that uses the Service in violation of these Terms of

 

Service or applicable law. AMZLB reserves the right to accept, reject or modify user generated content,

 

but assumes no liability based on its acceptance, rejection, modification or failure to modify any user

 

content.

 

 

 

Impermissible Conduct

 

You agree to use the Service for lawful purposes only. You agree that will not use the Services to store or

 

transmit inappropriate Content, such as Content containing unlawful, defamatory, threatening,

 

pornographic, libelous or otherwise objectionable material of any kind; use the Services to encourage

 

conduct that could constitute a criminal offense; use the Services to encourage conduct that could

 

constitute a criminal offense; cause, in AMZLB’s sole discretion, inordinate burden on the Services or

 

AMZLB’s system resources or capacity. You agree not to take any action that might compromise the

 

security of the Service, render the Service inaccessible to others or otherwise cause damage to the

 

Service, or the Site. You agree not to add to, subtract from, or otherwise modify the Service, or to

 

attempt to access the Service that is not intended for you. You agree not to use the Service in any

 

manner that might interfere with the rights of third parties.

 

 

 

Disclaimer of Warranty

 

AMZLB IS IN NO WAY LIABLE FOR LOSS, TERMINATION, REMOVAL, INTERRUPTION, OR SUSPENSION BY

 

AMAZON FOR ANY REASON WHATSOEVER, INCLUDING ANY VIOLATION OF AMAZON SELLERS TERMS OF

 

SERVICES BY YOU OR AMZLB . YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. IN

 

ADDITION, AMZLB DOES NOT GUARANTEE LENGTH OF SERVICE OR THAT SITE WILL BE ONLINE AND

 

OPERATIONAL AT ALL TIMES, AND AMZLB DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY

 

THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DETECTS IN THE SITE

 

WILL BE CORRECTED. AMZLB DOES NOT WARRANT THAT EMAIL LISTS ARE ACCURATE AND TRUE. AMZLB

 

PROVIDES THE SITE AND SERVICE “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT

 

WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AMZLB EXPRESSLY DISCLAIMS ALL

 

WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,

 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK

 

AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT SHALL BE ENTIRELY WITH YOU.

 

 

 

Limitation of Liability

 

IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL

 

AMZLB BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

 

PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF

 

MATERIALS, LOSS OF CONTENT, LOSS OF GOODWILL, COSTS OF PROCURING SUBSTITUTE GOODS AND

 

SERVICES, AND PROPERTY DAMAGE, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE,

 

THE SITE OR SERVICE; (B) THE CONDUCT OR ACTIONS, OF ANY USER OF THE SITE OR SERVICE OR ANY

 

OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

 

(C) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR SERVICE; (D) ANY CLAIM

 

OF ERRORS, OMISSIONS, OR OTHER CLAIMED INACCURACIES IN THE SITE; (E) UNAUTHORIZED ACCESS

 

TO DATA, OR ALTERATIONS, OR; ANY OTHER MATTER RELATING TO THE SITE; (F) THE COST OF

 

PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (G) FOR INTERRUPTION OF USE OR LOSS OR

 

CORRUPTION OF DATA; OR (H) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO AMZLB

 

UNDER THIS AGREEMENT. AMZLB SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO

 

MATTERS BEYOND OR NOT WITHIN THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY

 

TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

IN THE EVENT AMZLB IS FOUND LIABLE, THE TOTAL LIABILITY OF AMZLB TO YOU FOR ALL DAMAGES,

 

LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO

 

NEGLIGENCE) OR OTHERWISE SHALL UNDER NO CIRCUMSTANCES NOT EXCEED THE AMOUNT PAID BY

 

YOU IN THE PAST THREE (3) MONTHS, IF ANY, OR $100, WHICHEVER IS LESS.

 

 

 

Indemnification

 

By accepting this Agreement, you irrevocably agree to indemnify, defend, and hold AMZLB and its

 

affiliates, contractors, directors, officers, employees and agents harmless from and against all claims,

 

judgments, costs, expenses, liabilities and attorney fees arising out of or related to (a) any third party

 

claim resulting from a breach by you of any of your covenants, representations or warranties contained

 

in these Terms of Service; and/or (b) your use of the Site and/or the Service; including but not limited to

 

your violation of this Agreement.

 

 

 

Entire Agreement

 

Both parties agree that this Agreement is the complete, exclusive and entire agreement and

 

understanding of the parties and supersedes and cancels all previous written and oral agreements,

 

communications, and other understandings relating to the subject matter of this Agreement, and that all

 

waivers and modifications must be in a writing signed by both parties, except as otherwise provided

 

herein. AMZLB may change the terms of this Agreement at any time for a variety of reasons. The section

 

headings and titles in these Terms and this Agreement are for convenience only and have no legal or

 

contractual effect.

 

 

 

Arbitration Agreement

 

Any dispute or claim that you may have with AMZLB, you agree to first contact AMZLB and attempt to

 

resolve the dispute with us informally. If AMZLB is not able to resolve the dispute with you informally,

 

we each agree to resolve any dispute (excluding claims for injunctive or other equitable relief) relating

 

to this Agreement by binding arbitration by the American Arbitration Association (“AAA”). The parties

 

hereto each agree to be bound by AAA’s rules and procedures. Each party will be responsible for paying

 

any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The arbitrator will

 

decide the substance of all claims in accordance with the laws of the State of Idaho and such arbitration

 

shall be held within the State of Idaho, and will honor all claims of privilege recognized by law. Any

 

judgment on the award rendered by the arbitrator may be entered in any court of competent

 

jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable

 

relief from the courts for matters related to data security, intellectual property, or unauthorized access

 

to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A

 

PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND,

 

UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S

 

CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMZLB ARE EACH WAIVING THE

 

RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

 

 

Choice of Law and Forum

 

The enforcement and the terms of this agreement shall be interpreted under the laws of Idaho. AMZLB

 

and you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of

 

Idaho.

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