These terms (referred to herein as “Terms”) is made between MarketPlaceMerchantSolutions, LLC (sometimes referred to interchangeably on this Website as www.SellerMobile.com and herein as “SellerMobile”, the “Service”, “we,” or “us”), a Texas limited liability company, and the user of this Website / Software. The aforementioned “user of this Website” refers to any individual or entity viewing, browsing, or subscribing to this Website, and shall also refer to any individual or entity viewing, browsing, or subscribing to this Website in his, her, or its capacity as an agent, representative, or principle on behalf of some other individual or entity (sometimes referred to herein as “User” or “you”). User accepts and enters into the terms of this Agreement by any instance of use of this Website (including our Website at www.SellerMobile.com, along with any other websites we operate in connection with our products and services); that is, the User accepts and enters into this Agreement by viewing or browsing any portion of this Website or by purchasing or subscribing from this Website.
The terms and conditions set forth herein apply to this Website, including the Home page with domain name www.SellerMobile.com and any websites, web pages or sub-pages associated or affiliated therewith any sub-domain names stemming from www.SellerMobile.com (all pages collectively referred to herein as the “Website”), and the services for purchase on the Website as advertised (referred to herein as “Products”).
Please read this Terms of Service carefully and retain a copy for your records. This is a legally binding agreement that contains important terms that are binding on you, including your agreement to arbitrate disputes, your promise to indemnify us, your consent to personal jurisdiction in the state of Texas, U.S.A., your release of certain claims and liabilities against us, and your waiver of your right to bring or participate in a class action against us.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if a new feature is launched or a service is upgraded. It is your responsibility to check for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
Content of Website
All content on the Website is owned by MarketPlaceMerchantSolutions, LLC / SellerMobile. With regard to SellerMobile’s copyrights pertaining to this Website and its content, SellerMobile grants to User a revocable license, the scope of which is limited to viewing the content of the Website for whatever length of time that User is viewing the Website. User is not permitted or authorized to copy, re-publish, modify, or distribute any content on the Website. SellerMobile reserves the right to change the content on this Website, including these terms and conditions and the features of its service.
This Website may contain typographical errors. User will hold harmless SellerMobile for any typos or any damages or injuries caused by said typos.
Limitation of Liability
SellerMobile shall not be liable to User, or to anyone who may claim any right due to its relationship with User, for any damages, whether injuries to User’s person or property or otherwise, caused by the Products. Moreover, SellerMobile shall not be liable to User, or to anyone who may claim any right due to its relationship with User, for any acts or omissions on the part of SellerMobile or the agents or employees of SellerMobile. SellerMobile expressly disclaims all implied warranties to User, and further disclaims any implied warranties of merchantability, implied warranties of fitness for a particular purpose, and implied warranties of good and workmanlike performance. User will hold SellerMobile free and harmless from any obligations, costs, claims, judgments, attorney’s fees, or attachments arising from or growing out of the services rendered or Products sold to or purchased by User, except when they arise from the willful misconduct of SellerMobile, and SellerMobile is adjudged to be guilty of willful misconduct by a court of competent jurisdiction.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
SELLERMOBILE, ITS RESPECTIVE PARENTS, AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, LICENSEES OR AGENTS SHALL NOT BE HELD LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING IN ANY MANNER FROM THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT, OR OTHER CAUSE OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SellerMobile requires Users who register to use any of SellerMobile’s online applications or who subscribe for Services from the Website (the “Services”) to give SellerMobile the User’s contact information. Depending on the Services chosen, SellerMobile prompts User to input certain contact information and account information, such as name, address, phone number, email address, password, certain payment and billing information (such as billing name, address and credit card number) and the number of users in the organization who will be using the Services.
You will ensure that all such information is kept current, complete, truthful and accurate at all times. You will keep all account information (including user IDs and passwords, and other means to access non-public portions of SellerMobile Products) confidential and disclose them only on a “need-to-know” basis.
In limited instances, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide SellerMobile Products or to perform under (or to exercise our rights under) this general Terms of Service. We have the right to refuse your registration or suspend or terminate your use of SellerMobile Products if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times.
SellerMobile does not distribute or share User’s e-mail addresses, except as indicated herein, or as may be otherwise required by law.
SellerMobile uses User’s personal information that is collected for the purpose of setting up the Services for individuals and their organizations. SellerMobile may also use the information to contact Users to discuss their interest in SellerMobile, to discuss the SellerMobile Services and ways SellerMobile can improve upon these Services, and to send marketing announcements concerning promotions and events for SellerMobile or companies with which SellerMobile has any sort of strategic or marketing alliance. SellerMobile may also e-mail newsletters and updates about the Services or the company. You can opt out of receiving these communications by contacting us and requesting that you no longer receive these communications.
Any billing information that is collected through the Website is used solely to bill User. SellerMobile does not use this billing information for marketing or promotional purposes, except as otherwise stated herein.
SellerMobile uses a third-party intermediary to manage credit card processing. This intermediary is merely a link in the distribution chain for collecting and processing the credit card information; however, said third-party intermediary is not permitted or authorized by SellerMobile to otherwise store, retain, or use the information provided.
Concerning usernames and passwords for those Users who register for a SellerMobile online application, SellerMobile will view or access individual records only with User’s permission (for example, to resolve a problem or support issue). Users are responsible for maintaining the confidentiality of their user information, such as registration username and passwords.
SellerMobile may also collect certain non-identifiable or non-personal information from Users. This information is logged to help diagnose technical problems, to administer the Website and Services, and to assist in the improvement of the quality of SellerMobile’s Website and Services. We may also track and analyze non-identifiable and aggregate usage and volume statistical information from Users and provide such information to third parties.
Refund and Cancellation Policy
You may cancel your subscription with SellerMobile, and attain a refund, by giving a notice of your cancellation with seven (7) days after your first subscription begins. The right to cancel and get a refund expires after seven (7) days. After the 30-day free trial, cancellation of your subscription will terminate all of your rights to use SellerMobile tools (you may continue to use features that we make available to users who do not have a paid subscription).
The following applies to the you, the User, if you use SellerMobile product or services for which a fee is charged (as indicated in the pricing section or Service usage terms on the Website).
Where payment of fees is required for the usage of a SellerMobile product or service, you agree to pay all correct fees for purchase made from us and for services ordered from us. User can view all current pricing for Services offered on SellerMobile’s Website (www.sellermobile.com). When applicable, a notice of additional fees for features not listed on the Website will populate when User attempts to use said Service; User will be prompted to accept additional fee in order to proceed. User’s continued use of the feature, which requires additional payment, will constitute consent to such fee.
If a SellerMobile Product or Service is offered on a subscription basis and you choose to use the Product or Service under one of our subscription plans, you will pay a recurring subscription fee for access for the applicable subscription plan you select (monthly or annual) (the period for the plan you select is the subscription period). Your subscription period begins on the day you select the applicable subscription plan, and automatically renews for another subscription period at the end of the current subscription period unless you notify us of cancellation / nonrenewal (or you choose to change to another subscription plan) before the end of your current subscription period. For monthly plans, the subscription period is approximately thirty (30) days, and, for annual plans, the subscription period ends on the day you opted into the annual subscription plan. Due fees are not subject to being pro-rated. We will automatically charge you subscription fees for the next subscription period (monthly or annually) upon each renewal.
EXCEPT WHERE WE SPECIFICALLY PROVIDE FOR A REFUND ELSEWHERE IN THIS GENERAL TOS, IF YOU CANCEL YOUR SUBSCRIPTION FOR A SELLERMOBILE PRODUCT FOR CONVENIENCE BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, THE FEES FOR THAT SUBSCRIPTION PERIOD ARE NON-REFUNDABLE AND REMAIN DUE (AND YOU CAN CONTINUE TO USE THIS SELLERMOBILE PRODUCT / SERVICE UNTIL THE END OF THAT SUBSCRIPTION PERIOD). WHERE WE DO PROVIDE YOU A REFUND, YOUR RIGHT TO USE THE APPLICABLE SELLERMOBILE PRODUCT TERMINATES IMMEDIATELY.
If you choose to upgrade your subscription plan, your current start-up plan will be cancelled – and your new subscription plan will start. You will be charged the fee for the upgraded subscription plan when it becomes effective in our system. The fee will follow the fee payment schedule (monthly/annually) as requested by you upon upgrade. Additional features / tools will become accessible to you as soon as the new plan is in effect.
If you choose to downgrade your subscription plan, your current killin’ it plan will be cancelled – and your new subscription plan will start when your current subscription period expires (for example: end of the month, start of the month). The new subscription fee will be charged to you at the start of the new plan and any features / tools that are available under the new plan will come into effect when the new subscription period begins.
Your Content & Conduct
You agree that you will not do any of the following in connection with the Service or other users: Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. SellerMobile makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern. If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Choice of Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Texas without regard to choice of law and conflicts of law principles. Furthermore, User and SellerMobile acknowledge that any transactions envisioned by this Agreement bear a reasonable relation to the State of Texas and agree that the law of Texas will govern any transactions envisioned by this Agreement. Any disputes between User and SellerMobile concerning the subject matter covered by this Agreement shall be submitted for resolution to the courts of Dallas County, Texas. User, by accepting the goods purchased, consents to personal jurisdiction to the Federal District and State District Courts of the State of Texas.
In the event that any provision of this Agreement, or the application hereof to any individual or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under present or future laws effective during the effective term of any such provision, such invalid, illegal, or unenforceable provision shall be fully severable; and this Agreement shall then be construed and enforced as if such invalid, illegal, or unenforceable provision had not been contained in this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
Failure to Enforce Not Waiver by SellerMobile
Any failure or delay on the part of SellerMobile to exercise any remedy or right under this Agreement will not operate as a waiver. The failure of SellerMobile to require adherence to any of the terms, covenants, or provisions of this Agreement by User does not waive any of the rights of SellerMobile under this Agreement. No forbearance by SellerMobile to exercise any rights or privileges under this Agreement is intended as or should be construed as a waiver, but all rights and privileges of SellerMobile will continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived by SellerMobile except by the written consent of SellerMobile. Any written waiver by SellerMobile of any term of this Agreement is effective only in the specific instance and for the specific purpose given.
These Terms constitute the entire agreement between you and SellerMobile regarding the use of the Service, superseding any prior agreements between you and SellerMobile relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, SellerMobile. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, SellerMobile, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
By registering and / or subscribing to use any SellerMobile service or products you are acknowledging that you have read and understand this general Terms of Service and any changes that may have been made to it since you previously logged in.
If you require an explanation for a term that is unfamiliar to you, or have questions/comments about the Service, please inform us by sending an email to email@example.com.
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