Fetcher Terms of Service

Last Updated [4.30.2018]

Please read these Terms of Service (“Terms”) carefully. By using fetcher.com or signing up for an account, you are agreeing to these Terms. This is a legal agreement.

Fetcher, LLC (referred to, as applicable, as “the Company”, the “Service”, “we” or “us”) provides web-based software services to Amazon business sellers through the URL www.fetcher.com (“Website”). The Company has officers, employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this agreement (or “you”). You agree that:

  1. Use of Service. Your use of the Service is based on the license of the Company’s intellectual property to you. We grant you a limited, non-exclusive non-transferable, revocable license to use the Company’s intellectual property in accordance with these Terms as long as you are a Member. Annual subscriptions shall automatically renew on the one-year anniversary of the subscription date (“Renewal Date”) for successive one (1) year terms, unless Members terminate prior to such Renewal Date. Company reserves all rights not expressly granted to you in our intellectual property.
  2. Account. If you choose to use our Service, you represent that you have full power, capacity and authority to accept these Terms.
  • You affirm that you are at least 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and to abide by and comply with these Terms;
  • You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted;
  • You must personally and manually create your account without using any automated means; except the auto-complete feature in your website browser. A third party may not create an account for you and you must not allow any third party to use your information to create an account;
  • You must provide your legal full name, valid email address, zip code, and any other information we request to complete your account-signup process;
  • You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation;
  • The purchase, sale, assignment or transfer of any accounts is prohibited; and
  • You are responsible for your own conduct and activities on, through or related to the Service. If you create an account to use the Service, you are responsible for all conduct or activities on, through or by use of your account. You must immediately notify us of any unauthorized use of your account.
  1. Termination. We or you may terminate this agreement at any time by giving notice to the other party. We may suspend our Service to you at any time, with or without cause. Only if we terminate your account without cause will we refund you a pro-rated portion of any plan prepayment. If your account is terminated, we may permanently delete your account and all the data associated with it from our Website. If you do not log in to your account for twelve (12) or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

subscription payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. You must terminate your subscription at least 24 hours prior to the next monthly due date in order to avoid being charged for that month.

  1. Account Dispute. We consider the person or business entity in whose name the account is registered in to be the owner.
  2. Pricing. Our charges related to our Services are posted on our Website at fetcher.com and may be changed from time to time.
  3. Payments.  As long as you’re a subscriber or have an outstanding balance with us, you will provide us with a valid payment source and authorize us to deduct the monthly charges against that payment source. You will replace the information for any payment source that expires with information for a different valid payment source. Anyone using a payment source represents and warrants that he or she is authorized to use that payment source, and that any and all charges may be billed to that payment source and will not be rejected. If, for some reason, we are unable to process your payment, we will try to contact you by email so you may provide us with an alternate payment source. Payment sources include credit cards, PayPal or any other means which we deem acceptable. Failure to perform payment shall construe as material breach of this agreement.

 

  1. Company Disclaimers.  The Company makes no representation or warranty that the Services or information provided on this Website, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Services provided.

 

By visiting this Website and/or purchasing the Service, you acknowledge that you are participating voluntarily in such utilization, and you acknowledge that use of the Service may result in a deactivated listing, loss of sales, and/or income. You accept the risk of potential loss of income and/or ranking through use of the Service and/or information otherwise provided and agree that the Company will not be held liable in any way.

 

The Company makes no representation or warranty that the Service or Chrome Extension, or the use thereof, is accurate, complete, reliable, or error-free. The Company disclaims any and all liability for any inaccuracy, error or incompleteness in the Service or Chrome Extension and cannot guarantee compliance with Amazon’s terms of service, which Amazon may revise or update at any time in its discretion. The Company strives to stay in compliance with Amazon’s terms of service; notwithstanding the foregoing, you acknowledge that use of the Service and the Chrome Extension may at some point be impacted by future revisions of Amazon’s terms of service, at which point the provision and use of our Service and the Chrome Extension may cease.

 

Any testimonials or examples displayed or depicted through the Company’s Website, programs, and/or the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or services offered by us. You acknowledge that the Company has not and does not make any representations of any kind that may be derived as a result of use of the Website, programs, products or the Service, and any other related content (including, but not limited, to blogs, emails, and videos).

  1. Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to the Company’s officers and directors) agree that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. We and you acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of either party’s violation of this covenant. We and you agree that the liquidated damages in the amount of $5,000 per violation provided under this agreement are in lieu of actual damages and are reasonable estimates of fair compensation for any losses that may reasonably be incurred by each violation of this covenant.
  2. Changes. By using the Website, you agree to these Terms, without modification, and acknowledge reading them. We reserve the right to change these Terms or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Service on this Website.  Any new terms will be incorporated into the existing Terms. If there is a conflict between the existing terms and the new terms, the new terms shall control. By continuing to use the Website after we post any such changes means you accept the new Terms of Service with the modifications.
  3. Privacy Policy. The Company may use and disclose your information according to our Privacy Policy. Our Privacy Policy https://www.fetcher.com/privacy-policy/ is incorporated into these Terms of Service.
  4. Member Warranties. You promise not to:
  • Send Unsolicited Bulk Mail (SPAM) or other communications;
  • Upload, post, email, or otherwise transmit any material that 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;
  • Send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate CAN-SPAM Laws, or marketing or commercial communications without permission;
  • Infringe on any third party’s ownership rights by using any material in your transmissions or uploads that is not owned or licensed by you. This includes text, photos, graphics, and other content;
  • Use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Website or in any communications or transmissions sent using Our Service;
  • Breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status;
  • Use any robot, spider, scraper or other automated means to access our Service for any purpose;
  • Harvest or otherwise collect information about members without their consent; and
  • Upload or transmit harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.
  1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY OFFERS THE WEBSITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “COMPANY TEAM”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE.
  3. Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the Company and our Team from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify and hold harmless the Company and our Team from and against any and all claims brought by third parties arising out of the your use of the Website or Services and the content you make available via the Website or Services by any means, including without limitation through an emailing, posting, link, reference t, or otherwise, whether by you or a third party using your password.
  4. Attorneys In the event we prevail in any action against you arising out of or relating to this agreement, we shall be entitled to recover damages, other relief we may be awarded, its costs and expenses, including reasonable attorney’s fees, incurred in connection with such action.
  5. Subpoena Costs. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
  6. Intellectual Property
  • Ours. The Website, its original content, features, functionality (including look), our trademarks, service marks, logos, and Service content (“Intellectual Property”) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, adwords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through the Company or our Team.
  • You represent and warrant that you either own or have permission to use all of the material you upload to or transmit using the Services. You retain ownership of the materials you upload to, or transmit using the Service. You grant us a non-exclusive worldwide license to use or disclose your materials subject to our Privacy Policy.
  1. Data.  You acknowledge that the Company will have access to your account information and other related information, including your billing and other personal information. Such data may remain on Company’s database after termination of the Service for analysis purposes only; however, any Amazon authentication may be deleted.

 

The Company does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Website only with permission of a parent or guardian.

 

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, 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.

  1. Third Party Resources.  The Website and the Service may contain links to third party websites and other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or other resources. Links to such websites or resources are provided only as a convenience to you and 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 third party websites or resources.
  2. International Users.  The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
  3. Compliance with Law. You represent and warrant that your use and interaction with the Company and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations. If you are located in a country outside the United States it is your responsibility to determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.

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 Website, its content, or the Service.  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.

  1. Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, armageddon or any other force majeure event.
  2. Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.
  3. Survival. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
  4. Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
  5. Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
  6. Governing Law.  This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Oregon without regard to its conflict of laws rules, or international law or convention.
  7. Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in the State of Oregon in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages.

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

 

The above notwithstanding, if you violate these Terms then we may seek injunctive or other equitable relief.

  1. Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our discretion.
  2. Disclaimer. In no event will the Company or our Team be responsible for the actions of any third party. Third parties may include but are not limited to advertisers, linked websites or other members.
  3. Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:

Support at fetcher dot com

Fetcher LLC
98 San Jacinto, Suite 400
Austin, TX 78701

  1. Copyright Infringement. If copyrighted content that belongs to you was posted on the Website without your permission please notify us at:

Support at fetcher dot com

Fetcher LLC

98 San Jacinto, Suite 400
Austin, TX 78701

 

Please include in your notice:

 

  • An electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
  • The name, address, telephone number, and email address of the copyright owner;
  • Identification of the copyrighted work that is being infringed;
  • Identification of where the infringing material is located on our Website (a URL works best);
  • A statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law;
  • A statement that the information in your notice is accurate, and
  • A statement that you’re authorized to act on behalf of the copyright.

This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.

 

Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you are not sure whether material on one of our Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.

  1. Electronic Communications. When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this 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.
  2. Entire Agreement. These terms, together with our Privacy Policy and any additional terms you have agreed to, constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.