SellerSkills Inc. Terms and Conditions
Welcome to www.sellerskills.com. You can use our website to gather information about us and our services.
Definitions
“Seller Skills” means Seller Skills, Inc.
“SellerSkills” means Seller Skills, Inc.
“Service(s)” or “service(s)” means the software, content and/or service developed and/or licensed by SellerSkills that you intend to subscribe to pursuant to these Terms and Conditions.
“Site(s)” or “site(s)” or “Website(s)” or “website(s)” means all Services offered by Seller Skills and its related companies; the SellerSkills network of websites, including the website located at www.sellerskills.com and app.sellerskills.com all e-mail newsletters published or distributed by; and all other interactive features and communications provided by SellerSkills, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by SellerSkills.
Access to the Website and Services
These Terms and Conditions apply to all services offered by SellerSkills, Inc. and its related companies; the SellerSkills network of websites located at www.SellerSkills.com and app.SellerSkills.com. If you visit and log in our Site, you accept these Terms and Conditions, please read them carefully. In addition, when you use any current or future our services, visit or purchase, in general, from any business affiliated with us by linked through www.SellerSkills.com or app.SellerSkills.com, you will also be subject to these Terms and Conditions.
BY USING OUR WEBSITE OR SERVICES, YOU ARE AGREEDING AND ACCEPTING THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITES OR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS AND CONDITIONS WILL APPLY RETROACTIVELY., You may also be required to execute a subscription agreement for certain of our Services.
This is a legal agreement between you (“you”, “your” or “user”) and SellerSkills, that states the material Terms and Conditions that govern your use of the Sites and our Services. This agreement, with all its updates, supplements, additional terms, and all of Seller Skill’s rules and policies constitutes this “Agreement” between you and SellerSkills. BY ACCESSING THE SITES AND/OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS, PLEASE DO NOT USE THESE SITES OR SERVICES.
Electronic Communication
You can communicate with us by accessing the site or sending an email. We will communicate with you by email or by posting notices on the SellerSkills website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement if such communications be in writing.
Copyright
All information content that included on this site, such as text, logos, button icons, images, graphics, digital downloads, software and data compilation is the property of SellerSkills or our suppliers and it is protected by United States and international copyright laws. The composition of all content on this site is the property of SellerSkills and protected by United States and international copyright laws. All software used on this site is the property of SellerSkills or its software suppliers and protected by United States and international copyright laws. Except for the license granted below, any use of the materials on this site, including any commercial use, republication, reproduction, distribution, modification, display or performance without the former written permission of SellerSkills is severely prohibited.
Privacy Policy
SellerSkills team keeps all customer contact information, such as name, email, address, phone number, etc., confidential. More information https://www.sellerskills.com/privacy-policy.
Trademarks
SellerSkills, and other marks indicated on our site are trademarks of SellerSkills and may not be used, copied or imitated, in whole or in part, without express written consent from SellerSkills. Other SellerSkills graphics, logos, page headers, button icons, scripts, and service names are also trademarks or trade dress of SellerSkills and may not be used, copied or imitated, in whole or in part, without express written consent from SellerSkills. All other trademarks not owned by SellerSkills or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SellerSkills or its affiliates.
Copyright Complaints
SellerSkills respects the intellectual property rights of others. If you consider that your work has been copied in a way that constitutes copyright infringement, please provide Seller Skill’s agent the following information, in writing:
- Identification of the copyrighted work claimed to have been infringed and if more than one a representative list;
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon;
- Your statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent of the law, and that you had authority to make such a statement;
- Contact information: your name, telephone, address and email address if it is available;
- Identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site;
- Your statement made under the penalty of perjury, that the above information in your notice it accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.
Seller Skill’s copyright agent for notice of claims of copyright infringement is:
Seller Skills, Inc. [email protected], 99 Wall Street #1425, New York, NY 10005License and Site Access
SellerSkills grants you a limited, inclusive, nontransferable license to access and make personal use of this site and not to download or vary it or any portion of it, except with express written consent of SellerSkills. This license does not include or allow any resale or commercial use of this site or its informational contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; any collection and use of any product listings, descriptions, or prices; or any use of data mining, robots, or similar data gathering and extraction tools. This site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SellerSkills. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SellerSkills and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Seller Skill’s domain name or trademarks without the express written consent of SellerSkills. Any unauthorized use terminates the permission or license granted by SellerSkills. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the SellerSkills homepage so long as the link does not portray SellerSkills, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
You may not use any robot or other automatic device or process to access or monitor the Site or Services.
We may suspend your access to all or part of the Site or our Services, without notice, if you violate these Terms and Conditions (including without limitation any of the foregoing restrictions), or if you engage in any conduct that we believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of SellerSkills, any other SellerSkills user, or any third party.
Software Updates
SellerSkills reserves the rights but shall not be obligated to correct or upgrade and modify the site without your consent.
Your Data
You are the owner of all data that you provide through the SellerSkills website. You agree to be solely responsible for correcting data input errors.
Upon termination of these Terms of Use, all your data retained by SellerSkills shall be made available to you for a period of sixty (60) days after termination. Thereafter, all your data will be retained by SellerSkills and shall be made available to you in the event that you subscribe for additional services through SellerSkills.
Despite of foregoing, you acknowledge and agree that SellerSkills may make backup copies of your data, and may store and maintain your data for such periods of time as it deems necessary. Subject to these Terms of Use, you grant SellerSkills a limited, non-exclusive, non-transferable license to copy, store, record, transmit, display, view, print and otherwise use your data to the extent necessary to perform its obligations as provided herein. This license shall survive termination of these Terms of Use.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the SellerSkills website only with involvement of a parent or guardian. SellerSkills and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Information Monitoring
To the maximum extent permitted by law, SellerSkills reserves the right to monitor your use of the site and to disclose any information SellerSkills in good faith believes is necessary for ensuring your compliance with these Terms of Use and protecting the rights, property and interests of SellerSkills.
Fees and Payments
All fees are billable to your credit card. You hereby authorize SellerSkills to charge your credit card for our Services.
Monthly Subscription Fees
In the event that you have elected to be charged monthly, the Subscription Fees shall be billed monthly at the commencement of your subscription term and are automatically renewed and charged to your credit card each month thereafter as long as you are a subscriber to our Services. Monthly Subscription Fees are subject to change at any time and once charged for the month are not refundable. If you do not wish to renew your subscription you will need to cancel your subscription at least day before the new billing cycle. All Monthly Subscription Fees shall be determined by SellerSkills in its sole discretion. You acknowledge and agree that the posting of such Monthly Subscription Fees at www.sellerskills.com/pricing is sufficient notice of the foregoing.
Annual Subscription Fees
In the event that you have elected to be charged annually, the Annual Subscription Fee shall be billed at the commencement of your subscription term for our Services. You acknowledge that your Annual Subscription Fee will be automatically charged to your credit card on each anniversary of your initial Annual Subscription Fee for our Services. Unless your license is terminated by SellerSkills, annual payments will not be refunded for any reason. If you do not wish to renew your subscription you will need to cancel your subscription at least day before the new billing cycle. All Annual Subscription Fees shall be determined by SellerSkills in its sole discretion. You acknowledge and agree that the posting of such Annual Subscription Fees at www.sellerskills.com/pricing is sufficient notice of the foregoing.
Refund Policy
All fees paid by customer are non-refundable.
Other Businesses
Other parties than SellerSkills and its subsidiaries may provide services on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We aren’t responsible for examining or evaluating, and we don’t warrant the offerings of, any of these businesses or individuals or the content of their websites. SellerSkills does not assume any responsibility or liability for the actions, product, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SELLERSKILLS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SELLERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SELLERSKILLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLERSKILLS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THE SELLERSKILLS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLERSKILLS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, SELLERACTIVE’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID TO SELLERACTIVE WITHIN THE PREVIOUS TWELVE (12) MONTHS IN THE AGGREGATE FOR ALL OCCURRENCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
Indemnification
You shall defend, indemnify and hold harmless SellerSkills and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim that arises out of or relates to: any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or taxes or the collection, payment or failure to collect or pay taxes. For purposes of this Agreement, a “claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and “seller taxes” means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the SellerSkills website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Release of Liability
SellerSkills, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, mistakes, or inaccuracies caused by your, or any third party’s hardware, software, programs, servers, or any other equipment, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, any unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored therein, any interruption or cessation of transmission to or from our services any bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through our services by any third party, and any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
Applicable Law
By visiting the SellerSkills website or using any of our Services, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and SellerSkills or its affiliates.
Disputes
Any dispute relating in any way to your visit to SellerSkills or to products you purchase through Seller Skill’s website shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate Seller Skills’ intellectual property rights, SellerSkills may seek injunctive or other appropriate relief in any state or federal court in the state of New York. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to SellerSkills and are hereby incorporated into this Agreement.
Termination
Without reference to any of these Terms of Use, SellerSkills reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future access to any use of this website.
You may terminate this service at any time by giving prior written notice to us. The termination shall be effective as of the last day of the month in which written notice was given. Upon termination, you must pay us whatever fees were incurred prior to the effective date of the termination. If you elected to be charged annually and you elect to terminate, no refund will be provided for any remaining term of the original annual contract period. In the event that SellerSkills terminates your license for any reason other than your breach of these Terms of Service, SellerSkills shall refund you in an amount equal to 1/12 of the service charges you have paid multiplied by the number of full months remaining in your billing cycle.
Notifications
All notifications will be sent by email or will be posted on the SellerSkills website. We may also send notifications to your email address maintained in Seller Skill’s records. You agree to monitor your email messages frequently to ensure awareness of any notices sent by SellerSkills. Email notices are deemed written notices for all purposes for which written notices may be required. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by email, notice may be provided in writing and mailed U.S. Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as Federal Express. First Class mail is properly addressed if sent by us to the address maintained in our records. First Class mail is properly addressed if sent by you to the current address published by us on our Web site. First Class mail is deemed received three Business Days after it is deposited in the U.S. Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
Our Address
Seller Skills, Inc., 99 Wall Street #1425,New York, NY 10005 https://www.sellerskills.comBinding character
The provisions of this Agreement shall be binding and inure to the benefit of the heirs, personal representatives, successors and to the extent permitted by this Agreement, assigns of the parties.
Entire Agreement
This Agreement (including all documents and instruments referred to in this Agreement) attached to this reference made a part hereof, constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
Headings
The headings which are used in this Agreement are solely for convenience of reference, they aren’t part of this Agreement, and they shouldn’t to be considered in construing or interpreting this Agreement.
Severability
If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the provisions hereof shall not be affected hereby; such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and in its modified form, such provision shall be enforceable and enforced.
Gender
Any indication of gender of a party in this Agreement shall be modified in order to fit the gender of the party or parties in question.
Waiver
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.