- 1. Consent and Modification. By using or visiting this Site, you signify your assent to these Terms. These Terms apply to all users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- 2. Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are under 18 years please do not use the Site.
- 3. Website Access. FeedVisor hereby grants you permission to access and use the Site provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) disrupt servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. FeedVisor, in its sole discretion, has the right to terminate your access to the Site immediately, with or without cause. FeedVisor reserves all rights not expressly granted in and to the Site.
- 5. Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services, (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to FeedVisor. Content on the Site is provided to You ?AS IS? for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without FeedVisor?s prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. ?FeedVisor?, the FeedVisor logo, “algorithmic repricer”, “win the BuyBox”, and other marks are Marks of FeedVisor. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
- 6. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support and/or contact requests; or (v) protect the rights, property or safety of FeedVisor, our users or the public.
- 8. Information Description. FeedVisor attempts to be as accurate as possible. However, we cannot and do not warrant that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes. Your use of the Content is made solely at your own risk and responsibility.
- 9. Warranty. The Site is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. FEEDVISOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FEEDVISOR DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply
- 10. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FEEDVISOR SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FEEDVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FEEDVISOR FOR ANY DAMAGES ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU FOR USING THE SITE DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.]
- 11. Indemnity. You agree to defend, indemnify and hold harmless FeedVisor and our affiliates and our respective officers, directors, agents, consultants and employees from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney?s fees) arising from: (i) your use of the Site; and/or (ii) your breach of these Terms.
- 12. Term and Termination. FeedVisor shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
- 13. Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but they may be transferred or assigned by FeedVisor without restriction.
- 14. General. FeedVisor reserves the right to discontinue or modify any aspect of the Site at any time. This Section 14 and Sections 5, 6 and 9 to 11 (inclusive) shall survive termination of these Terms. These Terms, together with any other legal notices published by FeedVisor on the Site, shall constitute the entire agreement between you and FeedVisor concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms shall be governed by the laws of the State of New York, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes hereunder shall be the state and federal courts located in New York, New York, and each party hereby irrevocably consents to the jurisdiction of such courts. All proceedings shall be conducted in English. Notwithstanding the foregoing, FeedVisor reserves the right to seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 20 May 2012