Using this Site
While using the Site, you will not:
post content in inappropriate areas on the Site;
violate any laws, third party rights, or our policies;
abuse, harass, threaten, impersonate or intimidate other Site users;
use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous (including personal information), defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
use the Site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
violate any laws in your jurisdiction (including but not limited to copyright laws and mail delivery laws);
distribute or post spam, chain letters, or pyramid schemes;
attempt to impersonate another user or person;
sell or otherwise transfer your account;
distribute viruses or any other technologies that may harm the Company, or the interests or property of Site users;
copy, modify, or distribute content from the Site and the Company’s copyrights and trademarks;
We reserve the right to bar any activity that violates any of the terms written in this section.
Website access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper, “deep linking” or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of the Company and the appropriate third party, as applicable;
probe, test, or scan the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site.
harvest or otherwise collect information about users, including passwords and email addresses, without their consent;
attempt to gain unauthorized access to any portion or feature of the Site, or to any of the services offered on or through the Site, by hacking or any other illegitimate means.
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed and suspended accounts or accounts that have been inactive for a long time.
The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Resolution of Dispute
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against the Company must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, the Company may recover attorneys’ fees and costs up to $1000, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
CLIENT SERVICE & PAYMENT AGREEMENT
This Agreement between Sellercare and our clients defines the payment terms for services provided by Sellercare. Clients should understand that by engaging any of our services, Clients are agreeing to be bound by these payment terms.
Please understand that if, as a Client, you refuse to accept these terms and conditions, you will not be able to engage Sellercare for any of our Services.
Sellercare provides a service that assists Amazon Sellers with appeals of suspension prevention, notations, blocked ASINs, and account suspensions by Amazon.
APPEAL PLANS. Clients agree that the Appeal Plan will not be modified in any way and will be submitted to Amazon as provided to the Client by Sellercare. Appeal Plans shall not be revised, edited or changed in any way. However, if a Client desires to submit an Appeal Plan with revisions, edits and/or changes, the Client agrees to submit any and all revisions, edits and/or changes to Sellercare for prior approval. If a revision, edit or change is not approved by Sellercare, the Client shall not submit any revised, edited and/or changed Appeal Plan or document to Amazon at any time. Client does not have permission to use ANY advice, measures, management contact, or ANY part of the appeal (s) that has been provided by Sellercare for any future suspensions.
NO GUARANTEE. Sellercare does not guarantee results of its services, and will not issue refunds for any reason, including the failure to obtain reinstatement of an Amazon Seller Account.
NON-DISCLOSURE AGREEMENT. The Client shall hold and maintain all information received from Sellercare, including, but not limited to all communications, advice, instructions, and the Appeal Plan, in strictest confidence for the sole and exclusive benefit of Sellercare. The Client shall carefully restrict access to all of Sellercare’s communications and materials from third parties. The Client shall not, without prior written approval of Sellercare, use for the Clients own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Sellercare, any communications, advice, instructions and Appeal Plans.
The Client agrees refrain from making any use whatsoever, at any time, of any Sellercare information or documents, except for the purposes designated by this agreement. The Client also agrees that they will not copy or reverse engineer any of Sellercare’s communications, advice, instructions, or Appeal Plans.
SERVICE FEES AND PAYMENTS
The Client is responsible for paying all fees and applicable taxes associated with the services to be provided by Sellercare in a timely manner with a valid payment method. The Client agrees that any and all payments made to Sellercare are non-refundable.
Sellercare is not affiliated with Chase QuickPay, Payoneer, Zelle, PayPal or any other third party payment provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
As a general matter, Sellercare WILL NOT provide refunds to clients for any reason. However, should Sellercare determine that a refund is due, said refund will be issued via one of the preferred payment methods provided by Sellercare (Chase QuickPay, Payoneer, Zelle, or PayPal). Sellercare will not be a party to, nor will Sellercare mediate any dispute between its clients and any other third party payment provider.
Clients cannot claim 'we did not submit your plan', or 'we decided to use another company' after they start the service, receive our inventory suggestions, account management suggestions, recommendations, measures, or appeal.
Once Sellercare receives the seller’s reply to the initial questionnaire, Sellercare begins to analyze the case. Therefore, if the seller states that they no longer want to proceed after Sellercare has performed the initial analysis, the initial payment is non-refundable even if the appeal has not yet been provided.
Sellercare will provide detailed inventory and account management suggestions, recommendations, and measures to implement in order to achieve reinstatement. If ANY inventory suggestions, account management suggestions, recommendations, or measures suggested by Sellercare result in the account reinstatement, the full after reinstatement fee is due. If Sellercare provides instructions for ANY inventory suggestions, account management suggestions, measures, or recommendations PRIOR to the appeal submission, and the account is reinstated, the FULL after reinstatement fee is due.
If ANY Sellercare appeal has been used during the reinstatement process that contributes to reinstatement, the full after reinstatement fee is due. An appeal plan or letter is considered “submitted” after the seller receives it by email from Sellercare. Clients may not claim that the plan has not been submitted in order to avoid paying the reinstatement fee.
The appeal plans that Sellercare provides contain business plan suggestions to be executed in order to maintain Amazon guidelines and stay successful on the Amazon marketplace. If the clients’ business practice is not set up for the execution of the appeal, the client can request a modification from Sellercare.
Due to delays in Seller Performance responses, and multiple letters that may be required to achieve reinstatement, Client agrees to use the service of Sellercare exclusively for 60 days from the first upfront payment. Client agrees not to use the service of another consulting/reinstatement/appeal service for 60 days from the agreement of this contract. Once the appeal process is initiated, the Client agrees to use the service of Sellercare exclusively for 60 days after the latest appeal which has been provided by Sellercare, has been received by the Client.
FEES. Clients agree to pay Sellercare a flat, up-front fee to commence services.
PAID additional letters apply for the following:
Seller Performance introduces new violations or ASINs, which have not been mentioned in previous notices
Seller Performance requests new or different information or documentation
Seller Performance sends a denial, and additional significant measures need to be applied
Seller Performance requests the “exact same” information, and additional measures need to be implemented
Our clients typically do not exceed 1-3 paid letters
Any paid additional letter is 100% non-refundable and the fee paid is non-transferable to the final fee.
In addition, when the Amazon Seller Account/ASIN is reinstated, account is notated, or suspension is prevented, the Client agrees to pay the agreed upon reinstatement fee to Sellercare via Chase QuickPay, Payoneer, Zelle, or PayPal within twenty-four (24) hours of the account reinstatement. Clients will be considered to have received notice of their reinstatement when Sellercare provides the Client with evidence of reinstatement or, when the Client notifies Sellercare of their account reinstatement, whichever is sooner. The reinstatement fee payment is due when a “reinstatement” notice has been received, a “review & rolling reserve” notice has been received, or the items (either Amazon FBA or merchant fulfilled) are available on the Amazon store for sale. Additional after reinstatement account reviews and delays in fund disbursement by Amazon, WILL NOT impact or delay the TOTAL agreed upon after reinstatement fee due to Sellercare. Once the account is reinstated, the service is completed. Any new account suspension or review that occurs AFTER the account is reinstated, is considered a separate job with new separate fees.
CHARGEBACK POLICY. Clients are responsible for ensuring that all payments made through PayPal are from a valid payment source with sufficient funds to cover the transaction. Sellercare Clients agree to refrain from making “chargebacks” or dispute payments through PayPal and/or from their credit card for any reason. Instead, Sellercare clients agree to contact us immediately in the event of any payment problem or dispute. Clients agree that in the event of any denied payment or unjustified chargeback the Client bears sole responsibility for making the payment. If the Client does not rectify the denied payment or chargeback within (3) three business days, Sellercare will take all actions legally available to recover the funds including contacting both PayPal and your banking institution or credit card company and presenting a copy of this Agreement to indicate your agreement with our Chargeback Policy.
SECURITY. The security of our Clients’ Personal Information is important to us. Nonetheless, no method whether it being over the net or electronic storage is fully protected. As a result, while we try for the use of commercially acceptable means to protect your Personal Information, the Company cannot guarantee its absolute security and cannot accept any liability where the security of your Personal Information is compromised. Any information provided as part of making a payment whether through PayPal or any other third party payment processor is subject to the Security protections and policies of the payment processor and Sellercare is not responsible and will bear no liability for any security breach that occurs while a Client’s data or personal information is in the care of any entity other than Sellercare.
REVIEWS AND REFERENCES
In the event that a Client’s Amazon Seller Account is reinstated, the Client agrees to make a good faith effort to provide a positive review for Sellercare. Sellercare will send the Client instructions for providing a review after the successful reinstatement of the Client’s account. Clients will also make good faith efforts to be available as a reference for Sellercare when references are requested by prospective clients. If a reference is needed by Sellercare, the client will be contacted to provide a review. Clients agree to make all good faith and reasonable efforts to comply with Sellercare’s requests for reviews and references.
After the account is reinstated, the Client authorizes Sellercare to post before and after pictures on all Sellercare owned web sites.
After the account is reinstated, the Client authorizes Sellercare to post screenshots of the Seller Performance reinstatement email on all Sellercare owned web sites.
If requested by the Client, Sellercare will cover sensitive information.
DISCLAIMERS AND LIMITATIONS ON LIABILITY. ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
USER ASSUMPTION OF RISK. WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “PRACTICE FUSION ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE PRACTICE FUSION ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US \$100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED.
SEVERABILITY. If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
NO WAIVER. Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
ELECTRONIC CONTRACTING. Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.