AMAZOOKA TERMS & CONDITIONS
By selecting a Lite, Bronze, Silver, or Gold Plan (“Plan”) and hitting “Submit” on amazooka.com and entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Amazooka.com, acting on behalf of AMAZOOKA.COM LIMITED (“Company”), and you are entering into a legally binding Purchase Agreement with the Company, subject to the following terms and conditions:
- 1. TERMS.
- (a) Upon purchase and execution of this Agreement, Client will be provided with the following services each month according to the specific Plan selected prior to purchase. These services include: autoresponder emails; Amazon keywords; product promotions; and product review monitors.
- (b) Client will also be provided with these membership benefits on a monthly basis:
- • Amazon seller community
- • Amazooka.com marketing tools
- • INSERT OTHER BENEFITS IF APPLICABLE
- (c) Client must be an eligible third (3rd) party seller on Amazon.com to purchase this Plan. Client must be 18-years old and have an active Amazon account in order to use the service. By purchasing this Plan, you warrant that you have permission to access the Amazon Seller account for which you registered.
- (d) When utilizing this Plan and its related services, Client agrees to comply with any and all seller policies, guidelines, and rules as out outlined on Amazon.com, as well as applicable laws and regulations. Client agrees to not engage in fraud or any other illegal activity and may not utilize these services in any improper manner.
- (e) Should Client violate any Terms as outlined in this Agreement, Company reserves the right to terminate the Agreement immediately.
- 2. DISCLAIMER.
This product and the information contained in this service are not in any way affiliated with or endorsed by Amazon or Amazon.com. The Company is a service for 3rd party Amazon Sellers.
- 3. PAYMENT.
- (a) After the free fourteen (14) day trial, Client will be charged agreed upon payment as outlined in the Plan on Amazooka.com. Client will then be charged payment as outlined in the Plan every thirty (30) days which will be automatically debited via the account information included upon purchase.
- (b) In the event Client fails to make any of the payments, Company has the right to immediately disallow services and benefits until payment is paid in full.
- (c) Client may cancel service at any time by contacting Amazooka.com.
- (d) Should client choose to downgrade or upgrade a particular plan, price changes will go into effect on the next billing cycle.
- 4. INTELLECTUAL PROPERTY RIGHTS.
All logos, domain names, website content and other intellectual property that entail these products and services are the exclusive property of the Company. Client will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. In respect of the services or methods specifically created or utilized for the Client as part of this Agreement, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Company to provide the Services and the products, systems, programs or processes, produced by the Company pursuant to this Agreement.
- 5. CONFIDENTIALITY.
This Purchase Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement and services provided and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of the Agreement shall survive the termination, revocation, or expiration of this Agreement.
- 6. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
- 7. DISCLAIMER OF WARRANTIES.
The information, education, and services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
- 8. LIMITATION OF LIABILITY.
By purchasing this Plan, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. While every attempt will be made to keep all Client information, including account information safe, Client agrees that Company will not be held liable for any damages of any kind related to a breach of cyber security. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Plan or its Services. Client agrees that use of this Service is at user’s own risk.
- 9. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the Hong Kong International Arbitration Centre. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hong Kong, Special Administrative Region of the People’s Republic of China. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- 10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong, Special Administrative Region of the People’s Republic of China, regardless of the conflict of laws principles thereof.
- 11. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
BY VISITING amazooka.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
By using amazooka.com, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to AMAZOOKA.COM LIMITED (“Company), owner of amazooka.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
This Site and the information contained herein are not in any way affiliated with or endorsed by Amazon or amazon.com.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
By participating in/reading this website and/or website/blog/email series, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations on the website/blog/email series and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information.
You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
AMAZOOKA.COM LIMITED INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / amazooka.com name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, AMAZOOKA.COM LIMITED IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE AMAZOOKA.COM LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AMAZOOKA.COM LIMITED CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
These Terms shall be construed in accordance with, and governed by, the laws of Hong Kong, Special Administrative Region of the People’s Republic of China. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Hong Kong. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company 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 Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Updated: April 2016
On the Site, we provide information on selling, promoting, and advertising on Amazon.com (the “Services”). This Site and the information contained herein are not in any way affiliated with or endorsed by Amazon or amazon.com.
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter, comment on our blog, or purchase services and/or online products.
If you opt-in to receive our newsletter, the option to unsubscribe will be included in every e-mail. We do share your information with trusted third parties who provide support in running this website including any blog or newsletter. All parties will keep your information confidential and will never be shared with unrelated third parties.
We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.
We do our best to protect your information for any unauthorized access, misuse, or disclosure. However, you acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
CHILDREN – ONLINE PRIVACY PROTECTION ACT COMPLIANCE
CHANGES TO THIS POLICY
Updated: April 2016