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TERMS OF USE
Please read the following Terms of Use carefully. By using this site sellerhook.com (hereinafter referred to as the “Site”) and/or Sellerhook’s services (hereinafter referred to as the “Service”), you agree to these Terms of Use. This is a legally binding agreement.
1. Definitions
Unless otherwise explicitly stated, for the purposes of these Terms of Use, the following terms shall have the following meanings:
- Sellerhook is a service provider for online sellers. Sellerhook’s services are offered through the Site and are used for researching products in online marketing and e-commerce. Sellerhook’s services are provided by Astragreen LLC (incorporated in Delaware, USA) (the Company). All references to “Sellerhook”, “we”, “us”, or “our'' shall be construed as the Company.
- Service means any of Sellerhook’s services.
- Team means Sellerhook’s officers, employees, independent contractors, and representatives.
- Customer refers to a person, either an individual, or a legal entity, using the Site and/or the Service. All references to “you” shall be construed as the Customer.
- User is a natural person who uses the Site and/or utilizes the Service by itself as an individual customer or as a representative of a legal entity that is a customer of the Service.
2. Requirements to Use the Service
2.1. The Customer/the User acting on behalf of a legal entity shall assure that the Customer/ the User has full power, capacity and authority to accept these Terms of Use. If the User is using the Site on behalf of a legal entity (organization), she/he shall represent and warrant that she/he has the ability to agree to these Terms of Use on behalf of such organization (Enterprise).
2.2. You affirm that you possess legal parental or guardian consent to use this Site if you are an individual under eighteen (18) years of age, you are an emancipated minor, or you are an adult with the capacity to enter into agreements, and that you will abide by and comply with these Terms of Use. You are not eligible to use the Site/the Service if you are under the age of 13.
2.3. Only human users are eligible to use this Site and obtain the Service. Access of “bots” to the Service, and orders of the Service by using automated methods are not permitted.
2.4. The Customer is obliged to provide its legal full name, valid email address, and any other information we request for provision of the Service or transaction being performed.
2.5. User’s Warranties. You promise not to:
(i) Is not located, organized, or resident of a country that is subject to an embargo imposed by United States, the United Kingdom, the European Union or any EU member state, or the United Nations, or that has been designated by such parties as a “terrorist supporting” country;
(ii) Are not listed on any government, union, or intergovernmental organization list of prohibited or restricted parties;
And (iii) are not owned or controlled, directly or indirectly by any party described in sub-clauses (i) and (ii) of this provision.
Also, note that you could be affected by the embargo when you are physically present in an embargoed country or territory.
3. Intellectual Property - License
3.1. The Site, its content, features, functionality (including look), and Service Content (“Intellectual Property”) are owned by Sellerhook and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted content unless otherwise explicitly permitted by Sellerhook in writing. 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 or through Sellerhook.
3.2. We grant you a limited, revocable, non-transferable license to use Sellerhook’s Intellectual Property in accordance with these Terms of Use and the specific conditions of the Service to be rendered to the Customer. You are not allowed to pass any reports delivered to you by Sellerhook or other objects of Intellectual Property granted to you by Sellerhook to a third-party persons except your officers, employees or independent contractors on a ‘need-to-know’ basis.
3.3. Your license will terminate in the event that either you breach these Terms of Use, or that Sellerhook technically or actually ceases to exist.
3.4. Sellerhook reserves all rights in the Intellectual Property not expressly granted or transferred to you.
4. Termination, cancellation, refunds.
4.1. We or you may terminate this Terms of Use agreement at any time by giving notice to the other party. We may suspend our Service to you at any time, with or without cause.
4.2. Sellerhook may, in its reasonable discretion, freeze or terminate your access to the Site and/or to the Service in case of your repeated breaching/infringement of these Terms of Use, Sellerhook’s copyright or applicable laws, or if we are ordered to do so by a court/ authorized body.
If Sellerhook determines that you have breached these Terms of Use, we will send you a written warning to this effect. Without prejudice to any other remedies and legal rights, Sellerhook reserves the right to terminate the Customer’s access to the Site and to the Service if the Customer/the User continues to breach these Terms of Use, infringes upon Sellerhook’s copyright, or violates any applicable laws or the other binding rules.
4.3. Refund Policy. Once you have received a digital report (product(s) research results), the Service is considered rendered to you (provided) in full. DUE TO THE NATURE OF THE SERVICE, ALL FEES PAID FOR THE SERVICE PROVIDED ARE NON-REFUNDABLE.
4.4. In the event that Sellerhook technically or actually ceases to exist, you will be notified at least 2 (two) weeks before the date of cessation of Sellerhook services. Upon the date of cessation, the Site and the Service will be unavailable.
5. Price and Payment Terms
5.1. Pricing. Fees for the Services are published on the Site at https://sellerhook.com/pricing and may be changed from time to time.
5.2. Payments. You shall pay for each provision of the Service by one-time payment. The available payment methods are published on the Site.
6. Disclaimers. Warranties; Liability.
6.1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLERHOOK OFFERS THE SITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND/OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLERHOOK DOES NOT WARRANT THAT ITS FUNCTIONS OR CONTENT CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Sellerhook undertakes commercially reasonable efforts to ensure that the information it provides is current and accurate. However, information provided by Sellerhook is an approximate estimation and cannot be exact due to reliance on third parties over whom Sellerhook has no control. Sellerhook makes no guarantee or representation of any kind concerning the results of your use of the Site or other Sellerhook Services. Any testimonials or examples displayed or depicted through the Sellerhook Site, programs, software, products and/or other Sellerhook services 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 services offered by Sellerhook.
6.2. No legal advice or professional consulting services. The information provided through the Site or as a result of the Service provided does not, and is not intended to, constitute legal advice or professional marketing consulting. Instead, all information, content, and materials granted to you by Sellerhook are intended for general informational purposes only.
Sellerhook is not a law or professional consulting firm, and does not provide legal advice or professional marketing consulting services.
6.3. Results Not Guaranteed. Sellerhook makes no guarantee or representation of any kind concerning the results of your use of the Site or the Service. Any testimonials or examples displayed or depicted through Sellerhook’s 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 rankings, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
6.4. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND ONLY TO THAT EXTENT, IN NO EVENT WILL SELLERHOOK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “SELLERHOOK TEAM”) 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 SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SELLERHOOK TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE (LIABILITY CAP) SHALL BE NO MORE THAN THE FEES YOU PAID FOR THAT SERVICE.
6.5. Third party actions. In no event will the Sellerhook Team be responsible for the actions of any third party. Third parties may include, but are not limited to, advertisers or linked websites not affiliated with Sellerhook.
7. General Provisions
7.1. Privacy Policy. Sellerhook may process your personal information according to our Privacy Policy published on the Site. The Terms of our Privacy Policy are incorporated into these Terms of Use by this reference.
7.2. Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging toward us, our products and/or services, and any members of our present or former Team. We (limited to our officers and directors) agree that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging toward you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject individual or entity. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties therefore agree that the liquidated damages in the amount of Five Thousand U.S. Dollars ($5,000.00) per violation provided under this Agreement are in lieu of actual damages and are the Parties' reasonable estimate of fair compensation for the losses that may reasonably be incurred by each violation of this covenant.
7.3. Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the Sellerhook Team from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify and hold harmless the Sellerhook Team from and against any and all claims brought by third parties arising out of the your use of the Site and/or Services and the content you make available via the Site and/or Services by any means, including without limitation through emailing, posting, a link, referencing content, or otherwise, whether such actions are taken by you or a third party using your password.
7.4. Attorneys’ Fees. In the event that we completely or substantially prevail in any action against you arising out of or relating to this Agreement, we shall be entitled to recover damages, other relief that may be awarded, costs and expenses, including reasonable attorneys’ fees, incurred in connection with any such action.
7.5. Subpoena Costs. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorneys’ fees and employee costs for time spent retrieving records, preparing documents, and participating in a deposition.
7.6. Compliance with Law. You represent and warrant that your use of the Site/the Service and interaction with Sellerhook is in compliance with all national, federal, state, and local laws, ordinances and regulations. IF ANY APPLICABLE LAW, RULE OR REGULATION PROHIBITS YOU TO ACCESS THE SITES OR USE THE SERVICE, YOU MAY NOT ACCESS THEM.
7.7. Insurmountable Circumstances. We shall not be liable for any failure of or delay in the performance of this Terms of Use 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, or any other insurmountable circumstance or event (“Force Majeure”).
7.8. Severability. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
7.9. Survival. Any provision of these Terms of Use which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration thereof.
7.10. Headings. The section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
7.11. Waiver. Our failure to exercise or delay exercising any right, power or privilege under these Terms of Use shall not operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
7.12. Changes. We may change these Terms of Use or our pricing at any time by posting the changes to the Site or notifying you by email.
7.13. Governing Law. Legal relationships between Sellerhook and the Customer/the User shall be governed, construed, and enforced in accordance with the laws of England and Wales without regard to its conflict of law rules, or applicable international law or convention. Governing law depends on the country where payment was received.
7.14. Dispute Resolution. In the event Sellerhook and the Customer/the User (the “Parties”) are not able to resolve any dispute between them, arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) in the Commonwealth of Pennsylvania. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The Parties agree to arbitrate all disputes and claims with respect to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Arbitration shall proceed solely on an individual basis without the right to 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 explicitly 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.
The above notwithstanding, if you violate these Terms then we may seek injunctive or other equitable relief.
7.15. Assignment. You may not assign any of your rights under these Terms of Use to anyone else. We may assign our rights to any other individual or entity at our discretion.
7.16. Notice. All notices to you will be effective when we send them to the last email address you provided to us or posted on our Site. Any notice to us will be effective when delivered to us at:
Email: email@sellerhook.com
Copyright Infringement. If copyrighted content that belongs to you has been posted on the Site without your permission, please notify us at:
Email: email@sellerhook.com
Please include the following in your notice:
Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Sites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
Electronic Communications. When you use Sellerhook’s services, 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 electronically. We will communicate with you in a variety of ways, such as through email, text, or by posting notices and messages on the Site. 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.
7.17. Entire Agreement. These Terms of Use with our Privacy Policy and any additional terms to which you have agreed constitute the entire agreement with respect to its subject matter and constitute and supersede all prior agreements, representations and understandings of the parties (Sellerhook, the Customer / the User), written or oral.
1. Definitions
Unless otherwise explicitly stated, for the purposes of these Terms of Use, the following terms shall have the following meanings:
- Sellerhook is a service provider for online sellers. Sellerhook’s services are offered through the Site and are used for researching products in online marketing and e-commerce. Sellerhook’s services are provided by Astragreen LLC (incorporated in Delaware, USA) (the Company). All references to “Sellerhook”, “we”, “us”, or “our'' shall be construed as the Company.
- Service means any of Sellerhook’s services.
- Team means Sellerhook’s officers, employees, independent contractors, and representatives.
- Customer refers to a person, either an individual, or a legal entity, using the Site and/or the Service. All references to “you” shall be construed as the Customer.
- User is a natural person who uses the Site and/or utilizes the Service by itself as an individual customer or as a representative of a legal entity that is a customer of the Service.
2. Requirements to Use the Service
2.1. The Customer/the User acting on behalf of a legal entity shall assure that the Customer/ the User has full power, capacity and authority to accept these Terms of Use. If the User is using the Site on behalf of a legal entity (organization), she/he shall represent and warrant that she/he has the ability to agree to these Terms of Use on behalf of such organization (Enterprise).
2.2. You affirm that you possess legal parental or guardian consent to use this Site if you are an individual under eighteen (18) years of age, you are an emancipated minor, or you are an adult with the capacity to enter into agreements, and that you will abide by and comply with these Terms of Use. You are not eligible to use the Site/the Service if you are under the age of 13.
2.3. Only human users are eligible to use this Site and obtain the Service. Access of “bots” to the Service, and orders of the Service by using automated methods are not permitted.
2.4. The Customer is obliged to provide its legal full name, valid email address, and any other information we request for provision of the Service or transaction being performed.
2.5. User’s Warranties. You promise not to:
- Send Unsolicited Bulk Mail (“SPAM”) or other communications;
- Upload, post, email, or otherwise transmit any material that contains software viruses and/or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate CAN-SPAM laws, or marketing or commercial communications without permission; and also not to upload or transmit harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.;
- Infringe on any third party’s ownership rights by using any material in your transmissions or uploads that is not owned or licensed by you. This includes text, photos, graphics, and other content;
- Use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Site or in any communications or transmissions sent using our Service;
- Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- Use any robot, spider, scraper or other automated means to access our Service for any purpose.
(i) Is not located, organized, or resident of a country that is subject to an embargo imposed by United States, the United Kingdom, the European Union or any EU member state, or the United Nations, or that has been designated by such parties as a “terrorist supporting” country;
(ii) Are not listed on any government, union, or intergovernmental organization list of prohibited or restricted parties;
And (iii) are not owned or controlled, directly or indirectly by any party described in sub-clauses (i) and (ii) of this provision.
Also, note that you could be affected by the embargo when you are physically present in an embargoed country or territory.
3. Intellectual Property - License
3.1. The Site, its content, features, functionality (including look), and Service Content (“Intellectual Property”) are owned by Sellerhook and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted content unless otherwise explicitly permitted by Sellerhook in writing. 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 or through Sellerhook.
3.2. We grant you a limited, revocable, non-transferable license to use Sellerhook’s Intellectual Property in accordance with these Terms of Use and the specific conditions of the Service to be rendered to the Customer. You are not allowed to pass any reports delivered to you by Sellerhook or other objects of Intellectual Property granted to you by Sellerhook to a third-party persons except your officers, employees or independent contractors on a ‘need-to-know’ basis.
3.3. Your license will terminate in the event that either you breach these Terms of Use, or that Sellerhook technically or actually ceases to exist.
3.4. Sellerhook reserves all rights in the Intellectual Property not expressly granted or transferred to you.
4. Termination, cancellation, refunds.
4.1. We or you may terminate this Terms of Use agreement at any time by giving notice to the other party. We may suspend our Service to you at any time, with or without cause.
4.2. Sellerhook may, in its reasonable discretion, freeze or terminate your access to the Site and/or to the Service in case of your repeated breaching/infringement of these Terms of Use, Sellerhook’s copyright or applicable laws, or if we are ordered to do so by a court/ authorized body.
If Sellerhook determines that you have breached these Terms of Use, we will send you a written warning to this effect. Without prejudice to any other remedies and legal rights, Sellerhook reserves the right to terminate the Customer’s access to the Site and to the Service if the Customer/the User continues to breach these Terms of Use, infringes upon Sellerhook’s copyright, or violates any applicable laws or the other binding rules.
4.3. Refund Policy. Once you have received a digital report (product(s) research results), the Service is considered rendered to you (provided) in full. DUE TO THE NATURE OF THE SERVICE, ALL FEES PAID FOR THE SERVICE PROVIDED ARE NON-REFUNDABLE.
4.4. In the event that Sellerhook technically or actually ceases to exist, you will be notified at least 2 (two) weeks before the date of cessation of Sellerhook services. Upon the date of cessation, the Site and the Service will be unavailable.
5. Price and Payment Terms
5.1. Pricing. Fees for the Services are published on the Site at https://sellerhook.com/pricing and may be changed from time to time.
5.2. Payments. You shall pay for each provision of the Service by one-time payment. The available payment methods are published on the Site.
6. Disclaimers. Warranties; Liability.
6.1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLERHOOK OFFERS THE SITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND/OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLERHOOK DOES NOT WARRANT THAT ITS FUNCTIONS OR CONTENT CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Sellerhook undertakes commercially reasonable efforts to ensure that the information it provides is current and accurate. However, information provided by Sellerhook is an approximate estimation and cannot be exact due to reliance on third parties over whom Sellerhook has no control. Sellerhook makes no guarantee or representation of any kind concerning the results of your use of the Site or other Sellerhook Services. Any testimonials or examples displayed or depicted through the Sellerhook Site, programs, software, products and/or other Sellerhook services 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 services offered by Sellerhook.
6.2. No legal advice or professional consulting services. The information provided through the Site or as a result of the Service provided does not, and is not intended to, constitute legal advice or professional marketing consulting. Instead, all information, content, and materials granted to you by Sellerhook are intended for general informational purposes only.
Sellerhook is not a law or professional consulting firm, and does not provide legal advice or professional marketing consulting services.
6.3. Results Not Guaranteed. Sellerhook makes no guarantee or representation of any kind concerning the results of your use of the Site or the Service. Any testimonials or examples displayed or depicted through Sellerhook’s 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 rankings, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
6.4. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND ONLY TO THAT EXTENT, IN NO EVENT WILL SELLERHOOK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “SELLERHOOK TEAM”) 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 SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SELLERHOOK TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE (LIABILITY CAP) SHALL BE NO MORE THAN THE FEES YOU PAID FOR THAT SERVICE.
6.5. Third party actions. In no event will the Sellerhook Team be responsible for the actions of any third party. Third parties may include, but are not limited to, advertisers or linked websites not affiliated with Sellerhook.
7. General Provisions
7.1. Privacy Policy. Sellerhook may process your personal information according to our Privacy Policy published on the Site. The Terms of our Privacy Policy are incorporated into these Terms of Use by this reference.
7.2. Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging toward us, our products and/or services, and any members of our present or former Team. We (limited to our officers and directors) agree that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging toward you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject individual or entity. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties therefore agree that the liquidated damages in the amount of Five Thousand U.S. Dollars ($5,000.00) per violation provided under this Agreement are in lieu of actual damages and are the Parties' reasonable estimate of fair compensation for the losses that may reasonably be incurred by each violation of this covenant.
7.3. Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the Sellerhook Team from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify and hold harmless the Sellerhook Team from and against any and all claims brought by third parties arising out of the your use of the Site and/or Services and the content you make available via the Site and/or Services by any means, including without limitation through emailing, posting, a link, referencing content, or otherwise, whether such actions are taken by you or a third party using your password.
7.4. Attorneys’ Fees. In the event that we completely or substantially prevail in any action against you arising out of or relating to this Agreement, we shall be entitled to recover damages, other relief that may be awarded, costs and expenses, including reasonable attorneys’ fees, incurred in connection with any such action.
7.5. Subpoena Costs. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorneys’ fees and employee costs for time spent retrieving records, preparing documents, and participating in a deposition.
7.6. Compliance with Law. You represent and warrant that your use of the Site/the Service and interaction with Sellerhook is in compliance with all national, federal, state, and local laws, ordinances and regulations. IF ANY APPLICABLE LAW, RULE OR REGULATION PROHIBITS YOU TO ACCESS THE SITES OR USE THE SERVICE, YOU MAY NOT ACCESS THEM.
7.7. Insurmountable Circumstances. We shall not be liable for any failure of or delay in the performance of this Terms of Use 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, or any other insurmountable circumstance or event (“Force Majeure”).
7.8. Severability. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.
7.9. Survival. Any provision of these Terms of Use which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration thereof.
7.10. Headings. The section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
7.11. Waiver. Our failure to exercise or delay exercising any right, power or privilege under these Terms of Use shall not operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
7.12. Changes. We may change these Terms of Use or our pricing at any time by posting the changes to the Site or notifying you by email.
7.13. Governing Law. Legal relationships between Sellerhook and the Customer/the User shall be governed, construed, and enforced in accordance with the laws of England and Wales without regard to its conflict of law rules, or applicable international law or convention. Governing law depends on the country where payment was received.
7.14. Dispute Resolution. In the event Sellerhook and the Customer/the User (the “Parties”) are not able to resolve any dispute between them, arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) in the Commonwealth of Pennsylvania. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The Parties agree to arbitrate all disputes and claims with respect to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Arbitration shall proceed solely on an individual basis without the right to 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 explicitly 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.
The above notwithstanding, if you violate these Terms then we may seek injunctive or other equitable relief.
7.15. Assignment. You may not assign any of your rights under these Terms of Use to anyone else. We may assign our rights to any other individual or entity at our discretion.
7.16. Notice. All notices to you will be effective when we send them to the last email address you provided to us or posted on our Site. Any notice to us will be effective when delivered to us at:
Email: email@sellerhook.com
Copyright Infringement. If copyrighted content that belongs to you has been posted on the Site without your permission, please notify us at:
Email: email@sellerhook.com
Please include the following in your notice:
- An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
- The name, address, telephone number, and email address of the copyright owner;
- Identification of the copyrighted work that is being infringed;
- Information about where the infringing material is located on our Site (the specific URL);
- A statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law;
- A statement that the information in your notice is accurate; and,
- A statement that you’re authorized to act to enforce the copyright.
Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Sites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.
Electronic Communications. When you use Sellerhook’s services, 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 electronically. We will communicate with you in a variety of ways, such as through email, text, or by posting notices and messages on the Site. 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.
7.17. Entire Agreement. These Terms of Use with our Privacy Policy and any additional terms to which you have agreed constitute the entire agreement with respect to its subject matter and constitute and supersede all prior agreements, representations and understandings of the parties (Sellerhook, the Customer / the User), written or oral.
