Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using http://sellermetrics.com ("SellerMetrics, SELLERMETRICS") operated by Metafactory, LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of SellerMetrics at http://sellermetrics.com.
By accessing or using SellerMetrics in any manner, including, but not limited to, visiting or browsing SellerMetrics or contributing content or other materials to SellerMetrics, you agree to be bound by these Terms of Service.Disclaimer
This website is not affiliated with, maintained, authorized, endorsed or sponsored by Amazon.com, Inc., Amazon Technologies, Inc. or any of its subsidiaries or affiliates.
Product names, logos, brands, and other trademarks featured or referred to within SellerMetrics are the property of their respective trademark holders. These trademark holders are not affiliated with SellerMetrics.Description of Service
SellerMetrics provides users with access to keyword and product data as its primary service. This service may include advertisements, as well as communications from SellerMetrics, including service announcements and administrative messages. It is understood that this service is provided "AS IS" and that SellerMetrics assumes no responsibility for the timeliness, deletion, failed delivery or failure to store any user communications or personalized settings.Termination
We may terminate your access to SellerMetrics, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.No Resale of Service
SellerMetrics users agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the service, use of the service, or access to the service; with the exception of special, predetermined circumstances by SellerMetrics.Modifications to Service
SellerMetrics reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. SellerMetrics users agree that SellerMetrics shall not be liable, to you or to any third party, for any modification, suspension or discontinuance of the service.Intellectual Property
SellerMetrics and its original content, features and functionality are owned by Metafactory, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.Links To Other Sites
SellerMetrics may contain links to third-party sites that are not owned or controlled by us.
Your SellerMetrics subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use SellerMetrics. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.Different Subscription Prices
The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former customers only. SellerMetrics reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscriptoin, including monthly subscription price and end date of your free trial period, visit our website and click the "Plans & Billing" link on the "Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the "Account" link at the top of any SellerMetrics page, then go to "Plans & Billing" to cancel. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.Upgrading Plans
You may upgrade or downgrade your subscription plan at anytime. We will provide prorated refunds of the difference in the upgrade or downgrade, based on the remaining days you have left in your billing cycle.
If you are currently on your free trial period and decide to upgrade or downgrade to any other plan, we will immediately charge your credit card for the new plan fee and end the free trial.Cancellation Policy
You may cancel your account and recurring billing at any time. Should you wish to cancel, simply contact us before your next account renewal or login to your account and cancel within your account settings. Upon canceling your account, you will no longer have access to your account on SellerMetrics.Refunds
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Texas, United States, without giving effect to any principles of conflicts of law.DISCLAIMER OF WARRANTIES
SELLERMETRICS USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
a). YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELLERMETRICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b). SELLERMETRICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE 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; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELLERMETRICS, THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELLERMETRICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELLERMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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.EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ADVERTISERS
Correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. It is understood that SellerMetrics shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or the presence of such advertisers on the service.LINKS
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SellerMetrics has no control over such sites or resources, users acknowledge and agree that SellerMetrics is not responsible for the availability of such external sites or resources, does not endorse said sites/resources, and is not responsible, nor liable for any content, advertising, or other materials on or available from such sites or resources. Users further acknowledge and agree that SellerMetrics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related in any way to use of or reliance on any such content, goods or services available on or through any such site or resource.PROPRIETARY RIGHTS
SellerMetrics users acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that content contained in sponsor advertisements or information presented through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SellerMetrics or advertisers, users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
Users agree not to access SellerMetrics service by any means other than through the interface that is provided via SellerMetrics for access to the service. Any automatic queries are restricted.
Any feedback, comments, or suggestions you may provide regarding SellerMetrics, or the service is entirely voluntary and will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By using the service, you are giving consent to SellerMetrics to use your name and/or logo as one of our clients on SellerMetrics’s website and/or marketing materials. If you would like us to not use your name and/or logo in the aforementioned manner, please let us know.GENERAL INFORMATION
Entire Agreement: The TOS constitutes the entire agreement between you, the user, and SellerMetrics, which governs your use of the service, superseding any prior agreements between you and SellerMetrics with respect to the service. You also may be subject to additional terms and conditions which may apply when using other SellerMetrics services.
Waiver and Severability of Terms: The failure of SellerMetrics to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on SellerMetrics. Your continued use of SellerMetrics after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access SellerMetrics or discontinue any use of SellerMetrics immediately.Contact Us
If you have any questions about this Agreement, please contact us.