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Terms of Use

Welcome to SellerActive.com. Feel free to use our website to gather information about us and our services.

In these Terms of Use, the words “SellerActive,” “we,” “us,” and “our” refer to SellerActive, Inc., and Oregon Corporation and its affiliates provide their services to you subject to these Terms of Use. If you visit and log in to our website, you accept these Terms of Use, so please read them carefully. In addition, when you use any current or future SellerActive service, or visit or purchase from any business affiliated with us, whether or not linked through www.selleractive.com, you will also be subject to the guidelines and conditions applicable to such service or business.

Privacy Policy

SellerActive uses its best efforts to keep all customer contact information, such as name, email, address, phone number, etc., strictly confidential.

SellerActive will not purposefully divulge the names, addresses, phone numbers, or email addresses of our clients, subscribers, or any individual who emails SellerActive or accesses this site without their express permission to do so, except as required by federal, state, or municipal law, or in the event of a change in control of SellerActive. However, you acknowledge that SellerActive does not warrant or guarantee that personal information will not be intercepted by third parties. SellerActive disclaims any liability for interception of any data or electronic communications.

This Privacy Policy and our Terms of Use may change at any time. Unless otherwise stated, this is the current policy. Please check the site frequently to be aware of any changes at www.selleractive.com/privacy-policy.aspx

Electronic Communication

By accessing the site or sending an email to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the SellerActive website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SellerActive, or our content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SellerActive and protected by United States and international copyright laws. All software used on this site is the property of SellerActive or its software suppliers and protected by United States and international copyright laws. Any use of the materials on this site, including any commercial use, reproduction, modification, distribution, republication, display or performance, without the prior written permission of SellerActive is strictly prohibited.

Trademarks

SellerActive, and other marks indicated on our site are trademarks of SellerActive and may not be used, copied or imitated, in whole or in part, without express written consent from SellerActive. Other SellerActive graphics, logos, page headers, button icons, scripts, and service names are also trademarks or trade dress of SellerActive and may not be used, copied or imitated, in whole or in part, without express written consent from SellerActive. All other trademarks not owned by SellerActive or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SellerActive or its affiliates.

Copyright Complaints

SellerActive and its affiliates respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SellerActive’s agent the following information, in writing:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon;
  2. Identification of the copyrighted work claimed to have been infringed upon or, if more than one, a representative list;
  3. Identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the site;
  4. Contact information: your name, address, telephone, and email address if available;
  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent of the law, and that you had authority to make such a statement;
  6. A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright’s owner’s behalf.

SellerActive’s copyright agent for notice of claims of copyright infringement is:

SellerActive, Inc.
Copyright Agent
10200 SW Greenburg Rd.
Lincoln Tower 5, Ste. 700
Portland, OR 97223
1-800-545-7385

copyright@selleractive.com

License and Site Access

SellerActive grants you a limited, nonexclusive, nontransferable license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SellerActive. This license does not include or allow any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SellerActive. 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 SellerActive and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SellerActive’s domain name or trademarks without the express written consent of SellerActive. Any unauthorized use terminates the permission or license granted by SellerActive. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the SellerActive homepage so long as the link does not portray SellerActive, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Your Data

You are the owner of all data that you provide through the SellerActive website. You agree to be solely responsible for correcting data input errors.

Upon termination of these Terms of Use, all of your data retained by SellerActive shall be made available to you for a period of sixty (60) days after termination. Thereafter, all of your data will be retained by SellerActive and shall be made available to you in the event that you subscribe for additional services through SellerActive.

Notwithstanding the foregoing, you acknowledge and agree that SellerActive may make backup copies of your data, and may store and maintain your data for such periods of time as it deems necessary. Subject to these Terms of Use, you grant SellerActive a limited, non-exclusive, non-transferable license to copy, store, record, transmit, display, view, print and otherwise use your data to the extent necessary to perform its obligations as provided herein. This license shall survive termination of these Terms of Use.

Software Updates

SellerActive reserves the right to, but shall not be obligated to correct, enhance, upgrade and modify the site without your consent.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the SellerActive website only with involvement of a parent or guardian. SellerActive and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Information Monitoring

To the maximum extent permitted by law, SellerActive reserves the right to monitor your use of the site and to disclose any information SellerActive in good faith believes is necessary for ensuring your compliance with these Terms of Use and protecting the rights, property and interests of SellerActive.

Reviews, Comments, Communications, and Other Content

Visitors may send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not, in the sole opinion of SellerActive, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses. Political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is strictly prohibited on or through SellerActive. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content.

If you do post content or submit material, you assign any and all rights to the material to SellerActive. All submitted material shall become the sole property of SellerActive and shall not be treated as confidential or proprietary to the visitor. SellerActive shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SellerActive or its affiliates for all claims resulting from content you supply. SellerActive has the right but not the obligation to monitor and edit or remove any activity or content. SellerActive takes no responsibility and assumes no liability for any content posted by you or any third party.

Pricing

Monthly Pricing

You may elect to be charged for SellerActive’s services monthly or annually. In the event that you have elected to be charged monthly, the service charges shall be billed monthly and are subject to change at any time. All monthly service charges shall be determined by SellerActive in its sole discretion.

Annual Pricing

In the event that you have elected to be charged annually, the service charges shall be billed annually and shall be applied to SellerActive services for the year following billing. You acknowledge that you will be automatically billed on each anniversary of your initial purchase. Unless your license is terminated by SellerActive, annual payments will not be refunded for any reason. You may elect to terminate the annual billing cycle at the end of any year by providing SellerActive with no less than 30 days prior written notice of your intent to terminate by emailing Customer Support at support@selleractive.com.

Other Businesses

Parties other than SellerActive and its subsidiaries may provide services on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. SellerActive does not assume any responsibility or liability for the actions, product, and/or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY SELLERACTIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELLERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SELLERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLERACTIVE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THE SELLERACTIVE WEBSTIE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLERACTIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, SELLERACTIVE’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID TO SELLERACTIVE WITHIN THE PREVIOUS TWELVE (12) MONTHS IN THE AGGREGATE FOR ALL OCCURANCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.

Release of Liability

In no event shall SellerActive, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) errors, mistakes, or inaccuracies caused by your, or any third party’s hardware, software, programs, servers, or any other equipment, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iv) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from our services (vi) any bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through our services by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction.

Indemnification

You shall defend, indemnify and hold harmless SellerActive and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or taxes or the collection, payment or failure to collect or pay taxes. For purposes of this Agreement, a "claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "seller taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the SellerActive website, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

Applicable Law

By visiting the SellerActive website, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and SellerActive or its affiliates.

Disputes

Any dispute relating in any way to your visit to SellerActive or to products you purchase through SellerActive’s website shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate SellerActive's intellectual property rights, SellerActive may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association of Portland. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to SellerActive and are hereby incorporated into this Agreement. We reserve the right to make changes to our site, policies, and this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Termination

Notwithstanding any of these Terms of Use, SellerActive reserves the right, without notice and in its sole discretion, to terminate your license to use this website and to block or prevent future access to any use of this website.

You may terminate this service at any time by giving prior written notice to us. The termination shall be effective as of the last day of the month in which written notice was given. Upon termination, you must pay us whatever fees were incurred prior to the effective date of the termination. If you elected to be charged annually and you elect to terminate, no refund will be provided for any remaining term of the original annual contract period. In the event that SellerActive terminates your license for any reason other than your breach of these Terms of Service, SellerActive shall refund you in an amount equal to 1/12 of the service charges you have paid multiplied by the number of full months remaining in your billing cycle.

Notices

All notices will be sent by email or will be posted on the SellerActive website. We may also send notices to you at the email address maintained in SellerActive's records. You agree to monitor your email messages frequently to ensure awareness of any notices sent by SellerActive. You may send notices to us at the following address: SellerActive, Inc., 10200 SW Greenburg Rd., Lincoln Tower 5, Ste. 700, Portland, OR, 97223. Email notices are deemed written notices for all purposes for which written notices may be required. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by email, notice may be provided in writing and mailed U.S. Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as Federal Express. First Class mail is properly addressed if sent by us to the address maintained in our records. First Class mail is properly addressed if sent by you to the current address published by us on our Web site. First Class mail is deemed received three Business Days after it is deposited in the U.S. Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.

Our Address

SellerActive, Inc., 10200 SW Greenburg Rd., Lincoln Tower 5, Ste. 700, Portland, OR, 97223 http://www.SellerActive.com
1-800-545-7385

Binding Effect

The provisions of this Agreement shall be binding and inure to the benefit of the heirs, personal representatives, successors and, to the extent permitted by this Agreement, assigns of the parties.

Entire Agreement

This Agreement (including the documents and instruments referred to in this Agreement) attached hereto and by this reference made a part hereof, constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

Headings

The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement.

Severability

If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

Waiver

No waiver of any provision of this Agreement 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 party making the waiver.

Gender

Any indication of gender of a party in this Agreement shall be modified, as required, to fit the gender of the party or parties in question.