Terms of Service

(Last Revised: October 1, 2021)
 

1. Introduction

a. Introduction: Seller Systems Software, LLC, a Florida limited liability company, d/b/a Seller Systems (“Seller System,” “we,” “us,” “our”), through our website located at seller-systems.com (the “Site”), provides our services to you, which include content, features, applications, course materials, videos, graphs, pictures, and other information on the Site (collectively, the “Service(s).”), subject to the Terms of Service described herein (the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY PRIOR TO USING THE SITE AND THE SERVICES.

b. Modifications: We reserve the right, at our sole discretion, to any or all portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

c. Privacy: Seller System values your privacy. For details, please see our Privacy Policy, which you consent to by using our Services.

 d. No Guarantees: Seller Systems do not and cannot promise, guarantee, or warrant the success of any businesses conducted by you or any of the users of the Services. Numerous market factors affect the outcome, success, or failure of each user’s prospective or ongoing business ventures. None of the Services provided on the Site should be interpreted as a guaranty for any particular result. At the sole and absolute discretion of Seller Systems, and subject to Seller Systems’ review of each user’s viewing activities, Seller Systems may grant a full or partial refund to a user if the said user makes a written request for a refund within fourteen (14) days of paying for a particular course or subscription service.

e. Content: Seller Systems may, at its sole and absolute discretion, remove, update, change, and/or replace any and all part of the Service(s). Seller Systems may do so for any reason, such as if the content becomes out-of-date, or for no reason at all.

 

 2. Services

 a. Licensing: The Services, which include any content and courses you access, are solely for your personal and non-commercial use. When you pay for and subscribe to our content, we grant you a limited, non-exclusive, non-transferable, license to access the Seller Systems content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for any public performances. Seller Systems may revoke your license at any time at its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

b. Your Registration Obligations: You may be required to register with Seller Systems in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

c. Member Account, Password and Security: You may never use another user’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure.

d. General Practices Regarding Use and Storage: You acknowledge that Seller Systems may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Seller Systems’ servers on your behalf. You agree that Seller Systems has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Seller Systems reserves the right to terminate accounts that are inactive for more than nine (9) months. You further acknowledge that Seller Systems reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

e. Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Seller Systems account information to ensure that your messages are not sent to the person that acquires your old number.

 

3. Conditions of Use

 a. Restrictions: You agree to not use the Service to:

email, broadcast, post, upload, or otherwise publish any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Seller Systems, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Seller Systems or its users to any harm or liability of any type;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

violate any applicable local, state, national or international law, or any regulations having the force of law;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

advertise or offer to sell or buy any goods or services;

further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

b. Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Seller Systems information regarding your credit card or other payment instruments. You represent and warrant to Seller Systems that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Seller Systems the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Seller Systems to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Seller Systems know within sixty (60) days after the date that Seller Systems charges you. We reserve the right to change the prices for the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Any and all fees paid by you to Seller Systems are nonrefundable.

c. Recurring Subscriptions: If you are subject to a Service and sign up for any of the subscription services that we offer, (collectively a “Recurring Subscription”), you authorize Seller Systems to maintain your account information and charge that account automatically upon the renewal of the Service or Subscription you choose with no further action required by you. In the event that Seller Systems is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Seller Systems, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

Seller Systems may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.

If you subscribed on our website, you can cancel by contacting Support at mailto:[email protected].

d. Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

e. Commercial Use: Unless otherwise expressly authorized herein or by Seller Systems in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

4. Intellectual Property Rights

a. IP Rights: The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. Seller Systems owns the copyrights, trademarks, and intellectual property of the Services, as applicable. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may not print and download any portions of material from any areas of the Service without the prior written consent of Seller Systems.

b. Service Content, Software, and Intellectual Property: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other intellectual property rights and laws. Except as expressly authorized by Seller Systems, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Seller Systems from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Seller Systems, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Seller Systems.

c. No Data Gathering: You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Seller Systems in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Seller Systems in writing. 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 Seller Systems or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Seller Systems name or trademarks without the express written consent of Seller Systems.

d. Third-Party Material: Under no circumstances will Seller Systems be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Seller Systems does not pre-screen content, but that Seller Systems and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Seller Systems and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Seller Systems, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Service (“Submissions”), provided by you to Seller Systems, its affiliated companies or partners are non-confidential and Seller Systems, its affiliated companies, and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Seller Systems may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Seller Systems, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

 

5. Third-Party Websites. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Seller Systems has no control over such sites and resources and Seller Systems is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Seller Systems will 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 content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that Seller Systems is not liable for any loss or claim that you may have against any such third party.

 

6. Social Networking Services. You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Seller Systems shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, Seller Systems is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Seller Systems is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. Seller Systems enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Furthermore, Seller Systems has established that certain Group on Facebook (the “Seller Systems Facebook Group”). You may be eligible to join the Seller Systems Facebook Group; however, if you choose to join, you agree to be bound by the rules, terms, and conditions as may be established by Seller Systems and/or the administrator(s) of the Seller Systems Facebook Group.

 

7. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SELLER SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SELLER SYSTEMS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELLER SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SELLER SYSTEMS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SELLER SYSTEMS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

 

9. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

10. Termination. You agree that Seller Systems, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Seller Systems believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Seller Systems may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Seller Systems may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Seller Systems will not be liable to you or any third party for any termination of your access to the Service, and you shall not be entitled to any refund or repayment for any fees or costs you might have paid to Seller Systems whatsoever.

 

11. General. These Terms of Service constitute the entire agreement between you and Seller Systems and govern your use of the Service, superseding any prior agreements between you and Seller Systems with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims pertaining to these Terms of Service or Seller Systems, you and Seller Systems agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida.

The failure of Seller Systems to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

 

12. Comments, Questions, or Calls. Please contact [email protected] for any further questions or comments. If you contact Seller Systems, please be advised that any and all correspondence or calls are documented, recorded, and/or maybe shared publicly or used for promotional purposes.

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