Terms of service

ALL-IN SELLER GENERAL TERMS OF SERVICE
Effective: July 01, 2018

THESE GENERAL TERMS OF SERVICE (INCLUDING ALL OF OUR OTHER TERMS AND POLICIES REFERENCED HEREIN, THIS “GENERAL TOS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN US AND YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND IT GOVERNS YOUR USE OF, AND DEALINGS WITH, US, ANY PRODUCTS AND/OR SERVICES WE PROVIDE OR MAKE AVAILABLE TO YOU AND OUR WEBSITES (INCLUDING OUR WEBSITE AT WWW.ALLINSELLER.COM, ALONG WITH ANY OTHER WEBSITES WE OPERATE IN CONNECTION WITH OUR PRODUCTS AND SERVICES (ALL OF THE FOREGOING ARE “ALL-IN SELLER PRODUCT(S)”). “We”, “us” and “our” refer to ALL-IN SELLER / ALLINSELLER, BY BEST SELLER MASTERY, ORGANIZED UNDER THE LAWS IN ISRAEL.

YOU SHOULD READ THIS GENERAL TOS CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS GENERAL TOS IS A LEGALLY-BINDING AGREEMENT THAT CONTAINS IMPORTANT TERMS THAT ARE BINDING ON YOU, INCLUDING YOUR AGREEMENT TO ARBITRATE DISPUTES, YOUR PROMISE TO INDEMNIFY US, YOUR CONSENT TO PERSONAL JURISDICTION IN THE STATE OF ISRAEL, YOUR RELEASE OF CERTAIN CLAIMS AND LIABILITIES AGAINST US, AND YOUR WAIVER OF YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AGAINST US.

BY REGISTERING TO USE ANY ALL-IN SELLER PRODUCT OR OTHERWISE INDICATING YOUR AGREEMENT TO THESE TERMS, AND AGAIN EACH TIME YOU LOG INTO A ALL-IN SELLER PRODUCT: (A) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS GENERAL TOS AND ANY CHANGES THAT MAY HAVE BEEN MADE TO IT SINCE YOU PREVIOUSLY LOGGED-IN; (B) YOU ARE REPRESENTING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US; (C) YOU ARE ACCEPTING THIS GENERAL TOS AND AGREEING THAT YOU ARE LEGALLY BOUND BY THIS GENERAL TOS; (D) YOU ARE AGREEING THAT THIS GENERAL TOS WILL BE DEEMED TO SATISFY ANY REQUIREMENT UNDER APPLICABLE LAW THAT AN AGREEMENT BETWEEN YOU AND US BE IN WRITING; AND (E) YOU ARE AGREEING THAT YOUR ACTIONS IN REGISTERING FOR OR LOGGING INTO ANY ALL-IN SELLER PRODUCT OR OTHERWISE INDICATING YOUR AGREEMENT TO THESE TERMS WILL BE DEEMED TO BE YOUR VALID AUTHENTICATED SIGNATURE FOR PURPOSES OF ANY APPLICABLE LAW REQUIRING THAT THIS GENERAL TOS BETWEEN YOU AND US BE SIGNED BY YOU IN WRITING.

IF YOU ARE ENTERING INTO THIS GENERAL TOS ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THIS GENERAL TOS, AND REFERENCES TO “YOU” AND “YOUR” IN THIS GENERAL TOS WILL ALSO BE READ TO REFER TO THAT PERSON OR ENTITY.

IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US, YOU ARE PROHIBITED FROM REGISTERING FOR, LOGGING INTO OR USING ANY ALL-IN SELLER PRODUCT.

1. ADDITIONAL TERMS FOR ALL-IN SELLER PRODUCTS. ADDITIONAL TERMS APPLY TO CERTAIN ALL-IN SELLER PRODUCTS. THESE ADDITIONAL TERMS ARE GOVERNED BY, AND SUBJECT TO, THIS GENERAL TOS. IT IS YOUR RESPONSIBILITY TO REVIEW THE ADDITIONAL TERMS FOR A GIVEN ALL-IN SELLER PRODUCT BEFORE REGISTERING FOR OR USING THAT ALL-IN SELLER PRODUCT. YOUR REGISTRATION FOR, OR USE OF, A ALL-IN SELLER PRODUCT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE APPLICABLE ADDITIONAL TERMS AS OF THE DATE YOU FIRST REGISTER FOR OR USE THAT ALL-IN SELLER PRODUCT AND EACH TIME THEREAFTER THAT YOU LOG INTO OR USE THAT ALL-IN SELLER PRODUCT. THE ADDITIONAL TERMS BECOME PART OF THIS GENERAL TOS WHEN YOU BECOME BOUND BY THEM. IN THE EVENT OF ANY CONFLICT BETWEEN THIS GENERAL TOS AND SUCH ADDITIONAL TERMS, THE ADDITIONAL TERMS WILL CONTROL, BUT ONLY WITH RESPECT TO THE ALL-IN SELLER PRODUCT THAT IS THE SUBJECT OF SUCH ADDITIONAL TERMS.

Additional terms for the following ALL-IN SELLER Products are available for your review at the links below. Any changes to these additional terms are governed by the Section titled “Changes to General TOS” below. We may add future ALL-IN SELLER Products and additional terms for them by updating this listing or by otherwise making them available to you through the applicable ALL-IN SELLER Product (but these future additional terms are not binding on you until you register or use such ALL-IN SELLER Product or otherwise agree to those additional terms).

AllIn Responder

2. CHANGES TO GENERAL TOS. This General TOS specifically includes any of our other terms or policies available through a ALL-IN SELLER Product that are applicable to you and that are incorporated into this General TOS by reference herein, including but not limited to any applicable pricing terms and privacy policy. We may revise and update this General TOS from time to time in our sole discretion. In such case, we will provide advance notice of such changes (either via the ALL-IN SELLER Product or to the contact information in your account). (However, where the changes only pertain to additional terms for a ALL-IN SELLER Product that you have not registered for or used (or that you have terminated use of), we do not need to notify you of changes to those terms as those changes are not applicable to you at that time.)

Changes become effective on the date we specify in writing. However, if the changes pertain to a ALL-IN SELLER Product that is offered on a subscription basis and the effective date falls during a Subscription Period for which you had already prepaid fees as of the date we first provided notice of the changes, then the changes do not become effective until the first day of the next Subscription Period after the one you already prepaid for. You are solely responsible for cancelling your subscriptions and discontinuing use of the affected ALL-IN SELLER Product(s) before the last day of the prepaid Subscription Period if you do not agree to the changes. If you are unsure as to when the last day of your current Subscription Period is, it is your responsibility to contact us so we can assist you.

All changes become binding on you the next time you log into or use the ALL-IN SELLER Product after the date the changes become effective. YOU WILL BE ABLE TO REVIEW CHANGES TO THIS GENERAL TOS BEFORE LOGGING IN TO A ALL-IN SELLER PRODUCT. LOGGING INTO OR USING A ALL-IN SELLER PRODUCT AFTER THE EFFECTIVE DATE OF CHANGES MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES AND THEY ARE BINDING ON YOU. However, such changes do not have retroactive effect, and only apply to your use of ALL-IN SELLER Products after the date you accept such changes. Without limiting the foregoing, any changes to the section titled “Dispute Resolution” will not apply to any claims or disputes of which you or we have actually notified the other on or prior to the date the change becomes effective and binding on you as described in this Section. YOU AGREE THAT CLICKING A “REMEMBER ME” OPTION OR ENABLING A SIMILAR FUNCTION TO AVOID THE NEED TO MANUALLY LOG IN CONSTITUTES YOUR LOG-IN, REVIEW AND ACCEPTANCE OF THIS GENERAL TOS EACH TIME YOU ACCESS A ALL-IN SELLER PRODUCT WHILE THE “REMEMBER ME” OPTION REMAINS EFFECTIVE.

3. CHANGES TO ALL-IN SELLER PRODUCTS. From time to time, we may add, delete and/or modify features and functionalities of ALL-IN SELLER Products as we deem necessary or desirable in our sole business discretion. However, if you have already prepaid fees to us for future use of such ALL-IN SELLER Product and such addition, deletion and/or modification removes the core functionality of the ALL-IN SELLER Product, then you may terminate use of the ALL-IN SELLER Product and receive a refund of an equitable portion of any unused prepaid fees paid to us (if any) by giving written notice to us within thirty (30) days after the core functionality was removed, which right of termination and refund (if any) WILL be your SOLE AND EXCLUSIVE REMEDY FOR ANY CHANGES TO THE FEATURES OR FUNCTIONALITIES OF THE ALL-IN SELLER PRODUCT. The “core functionality” of a given ALL-IN SELLER Product may be specified in the applicable additional terms for that ALL-IN SELLER Product. Your choice to terminate use of a given ALL-IN SELLER Product does not terminate this General TOS or affect your use of other ALL-IN SELLER Products. (If you wish to terminate use of all ALL-IN SELLER Products or terminate this General TOS entirely, see the Section titled “Termination; Suspension”.)

With respect to new or additional features and functionalities, additional terms and/or fees may apply to these features, and using such new or additional features after notice of such additional terms and/or fees constitutes your consent to such additional terms and fees, which WILL become part of this General TOS (and if such additional terms conflict with other terms of this General TOS, they will control with respect to such new or additional features).

4. PERMISSION TO USE ALL-IN SELLER PRODUCTS. Subject to all terms and conditions of this General TOS, including without limitation any registration requirements, the payment of all applicable charges and fees and your agreement to and compliance with any additional terms applicable to a given ALL-IN SELLER Product, we grant you a limited non-exclusive, personal, nontransferable, nonassignable, non-sublicenseable, revocable license, only when you are in compliance with all terms and conditions of this General TOS and this General TOS has not been terminated, to access and use available features of ALL-IN SELLER Products in accordance with all terms and conditions of this General TOS.

You may not make any other use of any ALL-IN SELLER Product not specifically permitted in this General TOS without our prior express consent in writing. Without limiting any other term of this General TOS, you agree that you will not and will cause all of Your Users to not: (i) do any act not expressly permitted by this General TOS, or access or use any ALL-IN SELLER Product in violation of this General TOS or in violation of any applicable laws, rules or regulations; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available any ALL-IN SELLER Product or your right to access or use any ALL-IN SELLER Product to any third party in any way (unless we have given you express permission to do so); (iii) copy, modify, adapt, publicly display or publicly perform or create derivative works of any ALL-IN SELLER Product or any portion thereof (including any content that is not Your Content), or decompile, reverse assemble, or otherwise reverse engineer any ALL-IN SELLER Product or any portion thereof, except to the extent otherwise expressly permitted by law; (iv) attempt to gain unauthorized access to, or otherwise impair the integrity, use or security of, any ALL-IN SELLER Product or any information accessible thereby (including information of third parties) or any systems or data of us or a third party (including any online retailer or user of ALL-IN SELLER Products); or (v) use ALL-IN SELLER products to process, store, transmit or receive any information or materials if prohibited under this General TOS, by policies of the given online retailer or by applicable laws, rules or regulations. THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

5. RESPONSIBILITY FOR YOUR USERS. “Your User(s)” means each person or entity who accesses or uses any ALL-IN SELLER Product by or through you, your account or user IDs and passwords (whether or not such access or use is authorized by you). You are responsible for all activity occurring under your account and all acts and omissions of Your Users, including for all charges under your account or incurred by Your Users. You agree that any acts or omissions of Your Users that would constitute a breach of this General TOS or failure of a condition if committed by you will be deemed to be a breach of this General TOS or failure of such condition by you, and you will be responsible and liable for all such acts or omissions. THIS SECTION WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

6. REGISTRATION; ACCOUNT INFORMATION. To use ALL-IN SELLER Product, you must provide all information we request to establish, register and confirm your account (for example, identification and contact information, billing and payment information) and to establish access credentials (for example, user IDs and passwords). You will ensure that all such information is kept current, complete, truthful and accurate at all times. You will keep all account information (including user IDs and passwords, and other means to access non-public portions of ALL-IN SELLER Products) confidential and disclose them only on a “need-to-know” basis.

As part of your registration, you must allow us to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide ALL-IN SELLER Products or to perform under (or to exercise our rights under) the General TOS. We have the right to refuse your registration or suspend or terminate your use of ALL-IN SELLER Products if you fail to provide the requested information and to keep it current, complete, truthful and accurate at all times.

7. ELECTRONIC COMMUNICATIONS; CONNECTIVITY. You consent to use and receipt of electronic communications and records related to your use of ALL-IN SELLER Products or your account (which communications and records may include, without limitation, notices related to ALL-IN SELLER Products requiring your attention, agreements and policies, and payment authorizations and transaction receipts or confirmations). You give us permission to provide these communications and records to you electronically instead of in paper form. You also consent to the use of electronic signatures by you and us, and such electronic signatures will be deemed to satisfy any requirement under applicable law that an agreement, or that your signature to the agreement, be in writing.

Minimum hardware, software and connectivity requirements for you and Your Users to use any ALL-IN SELLER Products and make and receive electronic communications, records and signatures include: (i) a valid email address and email client; (ii) a connection to the Internet; (iii) currently-supported versions of a web browser and any necessary plug-ins; (iv) a currently-supported version of a program that accurately reads and displays PDF files, such as the current version of Adobe Acrobat Reader; (v) a computer or device and an operating system capable of supporting all of the above; and (vi) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. You are solely responsible for procuring and maintaining all such necessary hardware, software and connectivity at all times.

We have NO LIABILITY for your inability to fully use any ALL-IN SELLER Product or to receive, make or act upon such electronic communications, records or signatures if caused by (i) your failure to procure and maintain all necessary hardware, software and connectivity, (ii) any act or omission of any third party (including any provider of such hardware, software and connectivity), or (iii) your failure to keep all contact information, billing and payment information and other account-related information current, truthful, complete and accurate at all times. You may withdraw these consents by giving us notice in writing – however, IF YOU WITHDRAW YOUR CONSENT TO RECEIVE SUCH RECORDS AND NOTICES ELECTRONICALLY OR TO USE ELECTRONIC SIGNATURES, YOU WILL NO LONGER BE PERMITTED TO USE ALL-IN SELLER PRODUCTS.

8. OUR ASSISTANCE. From time to time, we may offer additional assistance and/or services to you in connection with your use of ALL-IN SELLER Products. If we agree to provide such assistance or services, our obligations are always subject to (i) payment of any additional fees we may require for performing such assistance or services and (ii) you providing us with any cooperation, information or materials we need to perform such services.

9. PROHIBITED ACTIVITIES, INFORMATION AND MATERIALS.We reserve the right to, at any time, suspend or terminate your account or your use of ALL-IN SELLER Products, or refuse, delete, remove or disable access to any information or materials (including Your Content as defined elsewhere in this General TOS), WITHOUT ANY LIABILITY TO YOU, where required by applicable law, rule or regulation, or if we determine that it does not comply (or that you are not complying) in all respects with this General TOS, or if we determine, in our sole discretion, that the information or materials is unacceptable to us or could lead to liability on our part to any third party. WITHOUT LIMITING ANY OTHER TERM IN THIS GENERAL TOS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT USE ALL-IN SELLER PRODUCTS IN CONNECTION WITH ANY ACTIVITIES, OR PROVIDE US WITH, ANY INFORMATION, OR MATERIALS (INCLUDING YOUR CONTENT AS DEFINED ELSEWHERE IN THIS GENERAL TOS), THAT MEETS ANY OF THE FOLLOWING CRITERIA:

Transmission of any advertising or promotional material (except as specifically permitted by all of the terms applicable to a given ALL-IN SELLER Product the policies of any applicable online retailer and applicable laws, rules and regulations) or unsolicited bulk email, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
Relates to a prohibited or non-permitted good, service or activity, as described in this General TOS or in the policies of the applicable online retailer;
Is defamatory, harassing, indecent, obscene, offensive, false or misleading, threatening, abusive, invasive of privacy or hateful (as determined in our reasonable discretion);
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
Does not comply (or whose processing, storage, transmission, receipt, offering, sale, import, export or transport does not comply) with all applicable laws, rules and regulations, promotes any illegal activity, or advocates, promotes or assists any unlawful act;
Misrepresents your identity or your or your Product’s affiliation with or endorsement by any person or organization;
Infringes or violates (or may be alleged to infringe or violate) any right of a third party (including intellectual property rights, contract rights, or privacy, publicity or other personal rights or the terms and conditions of any online retailer);
Is subject to, or would subject us to, data privacy, import/export or other legal obligations or regulations anywhere in the world with respect to such information or material or any goods or services to which such information relates;
Is confidential or proprietary to a third party (unless you can demonstrate to our satisfaction that you have obtained all necessary rights and consents to provide the same to us and for us to fully perform and to exercise the licenses granted in this General TOS).

YOU AGREE AND ACKNOWLEDGE THAT IT IS OUR POLICY IN APPROPRIATE CIRCUMSTANCES TO DISABLE AND/OR TERMINATE THE ACCOUNTS OF SUBSCRIBERS OR USERS WHO ARE REPEAT INFRINGERS OR ARE THE SUBJECT OF AN UNREASONABLE NUMBER (AS DETERMINED IN OUR DISCRETION) OF NOTICES OF CLAIMED INFRINGEMENT INVOLVING US OR ALL-IN SELLER PRODUCT(S). WE WILL HAVE NO LIABILITY TO YOU WHATSOEVER FOR OUR EXERCISE OR NON-EXERCISE OF THIS POLICY.

THIS SECTION WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

10. THIRD PARTIES; COMPLIANCE WITH THIRD PARTY POLICIES AND TERMS. ALL-IN SELLER PRODUCTS MAY FACILITATE YOUR INTERACTIONS WITH THIRD PARTIES (INCLUDING THIRD PARTY WEBSITES, ONLINE RETAILERS, SELLERS, BUYERS AND VARIOUS INTERMEDIARIES) OR USE OF PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES. IN ADDITION, CERTAIN FEATURES OR FUNCTIONALITIES OF ALL-IN SELLER PRODUCTS MAY BE DEPENDENT ON ACTIONS OR PERMISSIONS OF THIRD PARTIES (FOR EXAMPLE, CERTAIN ALL-IN SELLER PRODUCTS MAY BE DEPENDENT ON THIRD PARTY PERMISSIONS FOR US OR YOU TO CONTINUE PROVIDING OR USING FEATURES OR FUNCTIONALITIES IN CONNECTION WITH SUCH THIRD PARTIES.)

10.1 YOUR COMPLIANCE WITH THIRD PARTY POLICIES, TERMS AND CONDITIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND ENSURING THAT YOUR USE OF ALL-IN SELLER PRODUCTS COMPLIES AT ALL TIMES WITH ALL POLICIES, TERMS AND CONDITIONS OF THIRD PARTIES THAT APPLY TO YOU OR YOUR USE OF THE ALL-IN SELLER PRODUCTS IN CONNECTION WITH SUCH THIRD PARTIES. YOU WILL ENSURE THAT YOUR USE OF ALL-IN SELLER PRODUCT WILL AT ALL TIMES COMPLY WITH ALL SUCH POLICIES, TERMS AND CONDITIONS, AND WE HAVE NO RESPONSIBILITY TO VERIFY YOUR COMPLIANCE. WE WILL HAVE NO LIABILITY TO YOU WHATSOEVER FOR ANY LOSS OR HARM YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO COMPLY WITH ALL SUCH POLICIES OR AGREEMENTS OR YOUR USE OF ANY ALL-IN SELLER PRODUCTS IN A MANNER THAT DOES NOT COMPLY WITH ALL SUCH POLICIES, TERMS AND CONDITIONS.

10.2 WE ARE NOT A PARTY TO YOUR TRANSACTIONS WITH THIRD PARTIES. YOU AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY BUYER OR SELLER OF ANY PRODUCTS OR SERVICES OR ANY OPERATOR OF A THIRD PARTY WEBSITE OR SERVICE), EVEN IF THAT TRANSACTION OR INTERACTION IS FACILITATED, IN WHOLE OR IN PART, BY OR THROUGH US OR A ALL-IN SELLER PRODUCT. YOUR TRANSACTIONS AND INTERACTIONS WITH ANY THIRD PARTY, INCLUDING PAYMENT AND FULFILLMENT, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH TRANSACTIONS OR INTERACTIONS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH TRANSACTIONS AND INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF, OR IN CONNECTION WITH, ANY SUCH TRANSACTION OR INTERACTION. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY, WE HAVE NO OBLIGATION TO BECOME INVOLVED. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THESE TRANSACTIONS AND INTERACTIONS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR INTERACTIONS WITH ANY THIRD PARTY (INCLUDING ANY SHOPPER OR, ONLINE RETAILER), INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.

10.3 CONDITIONS ON OUR PERFORMANCE. ALL OF OUR OBLIGATIONS AND UNDERTAKINGS UNDER THIS GENERAL TOS ARE SUBJECT TO ALL POLICIES, PERMISSIONS, TERMS AND CONDITIONS OF THIRD PARTIES THAT APPLY TO YOUR OR OUR USE OF THE ALL-IN SELLER PRODUCTS WITH SUCH THIRD PARTIES, WHICH POLICIES, PERMISSIONS, TERMS AND CONDITIONS MAY BE CHANGED FROM TIME TO TIME BY THE APPLICABLE THIRD PARTY. WE HAVE NO CONTROL OVER SUCH POLICIES, PERMISSIONS, TERMS AND CONDITIONS OR ANY CHANGES TO THEM, NOR WILL WE HAVE ANY LIABILITY TO YOU FOR OUR FAILURE TO PERFORM OR FOR YOUR INABILITY TO FULLY USE OR RECEIVE THE BENEFIT OF AN AFFECTED ALL-IN SELLER PRODUCT AS A RESULT OF ANY SUCH POLICIES, PERMISSIONS, TERMS AND CONDITIONS OR ANY CHANGES TO THEM. WE DO NOT WARRANT THAT ANY ALL-IN SELLER PRODUCT IS OR WILL BE FULLY COMPLIANT WITH ALL SUCH POLICIES, PERMISSIONS, TERMS AND CONDITIONS.

11. PRICING AND PAYMENT. THE FOLLOWING TERMS IN THIS SECTION APPLY TO YOU ONLY IF YOU USE A ALL-IN SELLER PRODUCT OR SERVICES FOR WHICH WE CHARGE A FEE (AS INDICATED IN THE APPLICABLE ADDITIONAL TERMS OR ON THE WEBSITE ASSOCIATED WITH THAT ALL-IN SELLER PRODUCT.)

11.1 Pricing and Payment Generally. Where payment of fees is required for use of a ALL-IN SELLER Product or other service we provide, you agree to pay us all fees for purchases made from us and for services ordered from us. Our current fees for a given ALL-IN SELLER Product are available through the applicable additional terms for that ALL-IN SELLER Product or on the website associated with that ALL-IN SELLER Product. To the extent we provide any feature or services for which we charge a fee that is not listed in those pricing terms, we will provide you with notice of such fees prior to providing the feature or service (for example, by displaying the fee at the time you are using the feature to which the fee applies, and your use of the feature to which the fee applies constitutes your consent to such fee).

11.2 Subscriptions. If a ALL-IN SELLER Product is offered on a subscription basis and you elect to use the ALL-IN SELLER Product under one of our subscription plans, you will pay a recurring subscription fee for access for the applicable subscription plan you select (monthly or annual) (the monthly or annual period for the plan you select is the “Subscription Period”). Your Subscription Period begins on the day you select the applicable subscription plan, and automatically renews for another Subscription Period at the end of the current Subscription Period unless you notify us of nonrenewal (or your election to change to another subscription plan) before the end of your current Subscription Period. For monthly plans, the Subscription Period is approximately thirty (30) days (but no later than the last day of the next month, if less than thirty (30) days), and, for annual plans, the Subscription Period ends on the anniversary of the day you selected the annual subscription plan. Fees due or paid for a Subscription Period are not subject to being pro-rated. We will automatically charge you subscription fees for the next Subscription Period upon each renewal.

11.3 Upgrading or Downgrading your Subscription.

(1) Subscription Upgrades: If you change to another subscription plan with a HIGHER fee or LONGER duration or commitment than your current subscription (an upgrade), your current Subscription Period will terminate – and the first Subscription Period under your new subscription plan will start – when the upgrade becomes effective in our systems (generally 1-2 business days). The fee for the new Subscription Period will be charged to you when the upgrade becomes effective in our systems (though we may credit your account for any unused prepaid fees under your prior subscription plan that was terminated due to your upgrade). Any new features or benefits available only under the new subscription plan will become available to you as soon as the upgrade becomes effective in our systems.

(2) Subscription Downgrades: If you change to another subscription plan with a LOWER fee or SHORTER duration or commitment than your current subscription (a downgrade), your current Subscription Period will continue to run as normal, and the first Subscription Period under your new subscription plan will start when your current Subscription Period expires (and the fee for the new Subscription Period will be charged to you at that time). Any new features or benefits available that are only under the new subscription plan will not be available to you until the new Subscription Period starts.

11.4 Additional Payment Terms. Payment of all fees are due in advance, and we have no obligation to perform under this General TOS during any period in which all fees due have not been paid in full. We reserve the right to change fees by giving you notice or by updating the pricing shown in the applicable additional terms for (or the website associated with) that ALL-IN SELLER Product, but these changes will only apply to purchases made or services or features used or ordered after the date the change is effective (or, for subscriptions, such changes will only apply to the next and subsequent Subscription Periods). If you are paying by credit card, you must provide us at all times with a valid, current credit card number and related billing information as a condition to using any ALL-IN SELLER Product, and we will automatically charge your credit card for any fees due, without the requirement of your signature or any additional action on your part. You represent that you are not a “consumer” within the meaning of the Electronic Funds Transfer Act (15 U.S.C. §1693 et seq.) or California Business and Professions Code §17600, et seq. Our fees do not include, and we are not responsible for, (i) any additional fees or charges imposed on you in connection with such payments by any financial institution, processor or intermediary, including interest charges, currency conversion fees or any processing fees, or (ii) any taxes, levies, or duties or similar amounts related to the fees or your use of ALL-IN SELLER Products. You are responsible for paying all of the foregoing, excluding only United States (federal or state) taxes based solely on our net income. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

12. OWNERSHIP; YOUR CONTENT.

12.1 Ownership. You agree that, as between you and us, we (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the ALL-IN SELLER Products, all content in or on the ALL-IN SELLER Products (other than Your Content), all proprietary technology owned or used by us, or made available to you by us, and all modifications, enhancements and improvements to any of the foregoing. We hereby reserve all rights worldwide not specifically granted to you in this General TOS, and you agree that you will not, and will cause all of Your Users to not, make any use of any of the foregoing in any manner or for any purpose whatsoever except as expressly permitted by the terms and conditions of this General TOS. The “ALL-IN SELLER” name and logo, the other product and service names, trademarks, service marks and logos associated with us or ALL-IN SELLER Products are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever. This Section does not limit any rights or remedies we may have under any applicable laws, rules and regulations.

12.2 License in Your Content and Related Data. “Your Content” means any and all materials, data or information that you or any of Your Users delivers, makes available or to which you grant access (or causes to be delivered, made available or access to be granted) to us or a ALL-IN SELLER Product (i) in connection with our performance hereunder or your use of a ALL-IN SELLER Product or (ii) that are utilized in connection with, or incorporated into, a ALL-IN SELLER Product. “Your Content” includes, without limitation, information and materials relating to you, your business, your use of ALL-IN SELLER Products, confidential information, trade secrets, copyrights, trademarks, patentable subject matter or intellectual property of you or of third parties. “Your Content” also specifically includes any information or material not owned by us which is accessible via any link created or provided by you or any of Your Users (or by us on your behalf or at your direction) to or from any portion of a ALL-IN SELLER Product or in connection with a ALL-IN SELLER Product (including links you include in your postings or communications using a ALL-IN SELLER Product). You agree and acknowledge that we are entitled to rely fully on all of Your Content and we have no obligation to investigate or verify any such information for accuracy, completeness, compliance with applicable third party policies, term or condition or compliance with applicable laws, rules and regulations. That being said, we have no obligation to perform where Your Content provided is incomplete for the purposes needed (as determined by us) or does not comply with this General TOS.

You grant to us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, transferable and sublicenseable (at multiple levels) right and license to use, reproduce, disclose, adapt, translate or transform, publish, distribute (internally and externally), perform and publicly display copies of, and prepare derivative works based upon, Your Content and derivatives thereof, and authorize others to do any of the foregoing, as reasonably necessary to use Your Content in connection with ALL-IN SELLER Products and performance of our obligations hereunder and to provide ALL-IN SELLER Products to you and/or others, regardless of the form, medium, or technology being employed to provide ALL-IN SELLER Products. You hereby represent, warrant and covenant to us that: (i) prior to delivering or making available Your Content to us or using it in connection with ALL-IN SELLER Products, you have obtained or will obtain from all owners or proprietors of any and all of Your Content all rights in, and consents of third parties with respect to, Your Content reasonably necessary for us and our agents and subcontractors to lawfully perform hereunder and to do all acts related thereto described in this General TOS (including exercising any licenses granted hereunder); and (ii) you will maintain all rights and consents set forth at subsection (i) for so long as any license granted to us survives.

You also grant to us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, assignable, transferable and sublicenseable (at multiple levels) right and license to use and disclose information contained in or derived from Your Content or Related Data (defined below), on an anonymous (de-identified) basis only (on an aggregated or un-aggregated basis), for statistical, analytical, research, marketing, product/service improvement, and similar purposes. “Related Data” means data or information associated with or arising out of Your Content or your or any of Your User’s use of ALL-IN SELLER Products (including without limitation data associated with usage of, requests made to, and responses generated in connection with, ALL-IN SELLER Products).

Neither we nor any of our sublicensees will have any duty to compensate or account to you or Your Users for or in connection with the exercise of any of the foregoing rights. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

13. INDEMNIFICATION. YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR SUCCESSORS OR ASSIGNS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (EACH INDIVIDUALLY AN “INDEMNITEE” AND COLLECTIVELY “INDEMNITEES”), TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS, DAMAGE, OR HARM (INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES) SUFFERED BY ANY INDEMNITEE ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING (EXCEPT TO THE EXTENT CAUSED BY OUR OWN NEGLIGENCE OR WILLFUL MISCONDUCT):

YOUR USE OF ALL-IN SELLER PRODUCTS OR YOUR BREACH OF ANY PROVISION OF THIS GENERAL TOS; OR
ANY OF YOUR CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIM BY ANY THIRD PARTY:
UNDER ANY LAW, RULE OR REGULATION THAT WOULD TREAT US AS THE AUTHOR, CREATOR, PUBLISHER, PROMOTER, OFFEROR, IMPORTER, EXPORTER, DESIGNER, MANUFACTURER, DISTRIBUTOR OR SELLER OF YOUR CONTENT; OR
THAT YOUR CONTENT (OR THE USE OF YOUR CONTENT BY ANY INDEMNITEE IN ACCORDANCE WITH THIS GENERAL TOS) INFRINGES, VIOLATES OR MISAPPROPRIATES ANY RIGHT OF SUCH THIRD PARTY OR FAILS TO COMPLY WITH ALL APPLICABLE THIRD PARTY POLICIES, TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS.

ALL INDEMNITEES ARE EXPRESSLY MADE THIRD PARTY BENEFICIARIES OF THIS SECTION. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

14. DISCLAIMER. YOUR USE OF ALL-IN SELLER PRODUCTS IS AT YOUR OWN RISK. ALL-IN SELLER PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT, EXCEPT AS SPECIFICALLY STATED IN THIS GENERAL TOS, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO ALL-IN SELLER PRODUCTS, THEIR CONTENT OR ANY OTHER SUBJECT MATTER (INCLUDING WITHOUT LIMITATION ANY SERVICES OR INFORMATION OBTAINED THROUGH ANY ALL-IN SELLER PRODUCTS). WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ALL-IN SELLER PRODUCTS, THAT ALL-IN SELLER PRODUCTS OR THE COMPUTING ENVIRONMENT THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ALL-IN SELLER PRODUCTS, THEIR CONTENT OR ANY OTHER SUBJECT MATTER (INCLUDING WITHOUT LIMITATION ANY PRODUCTS, SERVICES OR INFORMATION SENT TO, STORED BY OR OBTAINED DIRECTLY OR INDIRECTLY THROUGH ALL-IN SELLER PRODUCTS) WILL BE ACCURATE, COMPLETE, UP-TO-DATE, SECURE, ERROR-FREE, UNINTERRUPTED, OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND NOT SPECIFICALLY STATED IN THIS GENERAL TOS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON. WE MAKE NO CLAIMS THAT THE ALL-IN SELLER PRODUCTS ARE APPROPRIATE OR COMPLIANT WITH APPLICABLE LAWS, RULES AND REGULATIONS OUTSIDE OF ISRAEL. IF YOU ACCESS OR USE THE ALL-IN SELLER PRODUCTS FROM OUTSIDE ISRAEL, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS.

15. LIMITS ON OUR LIABILITY. THIS SECTION AND ALL OF ITS SUBSECTIONS WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

(A) TO THE EXTENT ALL-IN SELLER PRODUCTS ARE PROVIDED TO YOU FOR USE AT NO CHARGE BY US (“FREE PRODUCTS”), YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, SPECIAL, GENERAL, EXEMPLARY OR PUNITIVE) ARISING OUT OF OR IN CONNECTION WITH FREE PRODUCTS FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY. YOU AGREE THAT FREE PRODUCTS ARE BEING PROVIDED TO YOU BY US AT NO CHARGE BY US TO YOU AND AS A CONVENIENCE TO YOU AND THESE LIMITATIONS ON OUR LIABILITY ARE FAIR IN LIGHT THEREOF. ALL-IN SELLER PRODUCTS THAT WE OFFER AT NO CHARGE DURING A TRIAL PERIOD ARE “FREE PRODUCTS” WITH RESPECT TO YOUR USE OF THEM DURING THE TRIAL PERIOD.

(B) TO THE EXTENT THAT WE CHARGE YOU FOR ANY USE OF ALL-IN SELLER PRODUCTS – OR TO THE EXTENT THAT THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH (A) ARE NOT FULLY ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS UNDER APPLICABLE LAW – THEN YOU AGREE THAT:

(1) ANY OTHER PROVISION OF THIS GENERAL TOS TO THE CONTRARY NOTWITHSTANDING, OUR MAXIMUM LIABILITY FOR ANY LOSSES OR DAMAGE FOR WHICH WE ARE FOUND LIABLE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THIS GENERAL TOS, ANY AGREEMENT BETWEEN YOU AND US UNDER ANY PRIOR VERSION OR INSTANCE OF THIS GENERAL TOS, OR ANY ALL-IN SELLER PRODUCT FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, WILL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU BUT IN NO EVENT WILL EXCEED, IN THE AGGREGATE FOR ALL LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS GENERAL TOS, ANY AGREEMENT BETWEEN YOU AND US UNDER ANY PRIOR VERSION OR INSTANCE OF THIS GENERAL TOS, OR ALL-IN SELLER PRODUCT AT ANY TIME, THE GREATER OF ONE HUNDRED IL SHEKELS (100.00) OR THE TOTAL FEES AND EXPENSES ACTUALLY RECEIVED BY US FROM YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE ACT OR OMISSION GIVING RISE TO THE LIABILITY OCCURRED; AND(1) ANY OTHER PROVISION OF THIS GENERAL TOS TO THE CONTRARY NOTWITHSTANDING, OUR MAXIMUM LIABILITY FOR ANY LOSSES OR DAMAGE FOR WHICH WE ARE FOUND LIABLE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THIS GENERAL TOS, ANY AGREEMENT BETWEEN YOU AND US UNDER ANY PRIOR VERSION OR INSTANCE OF THIS GENERAL TOS, OR ANY ALL-IN SELLER PRODUCT FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, WILL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU BUT IN NO EVENT WILL EXCEED, IN THE AGGREGATE FOR ALL LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS GENERAL TOS, ANY AGREEMENT BETWEEN YOU AND US UNDER ANY PRIOR VERSION OR INSTANCE OF THIS GENERAL TOS, OR ALL-IN SELLER PRODUCT AT ANY TIME, THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL FEES AND EXPENSES ACTUALLY RECEIVED BY US FROM YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE ACT OR OMISSION GIVING RISE TO THE LIABILITY OCCURRED; AND
(2) WE WILL NOT BE LIABLE TO YOU FOR LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES, COVER DAMAGES, OR FOR ANY CLAIMS OR ACTIONS AGAINST YOU BY ANY THIRD PARTY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SAME. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR SPECIAL DAMAGES, GENERAL DAMAGES, INCIDENTAL DAMAGES, INDIRECT DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OR IMPROPER DISCLOSURE OF DATA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR HARM OF ANY TYPE WHERE SUCH LOSS, DAMAGE OR HARM WAS CAUSED BY OR RESULTED FROM, IN WHOLE OR IN PART, ANY ACT OR OMISSION OF ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY WILLFUL MISCONDUCT, ILLEGAL ACT OR NEGLIGENCE OF A THIRD PARTY OR A THIRD PARTY’S FAILURE TO FULFILL ITS OBLIGATIONS AND DUTIES UNDER APPLICABLE LAW OR UNDER ANY CONTRACT WITH YOU OR WITH US.)

(C) ANYTHING IN THIS GENERAL TOS TO THE CONTRARY NOTWITHSTANDING, YOUR REMEDIES ARE LIMITED TO THOSE EXPRESSLY SET FORTH IN THIS GENERAL TOS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WILL CONTINUE TO APPLY EVEN IN THE EVENT A WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ACTION ARISING OUT OF THIS GENERAL TOS, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AGAINST US MORE THAN ONE (1) YEAR AFTER COMMISSION OF THE ACT OR OMISSION WHICH GAVE RISE TO THE CAUSE OF ACTION, DISPUTE OR CLAIM.

(D) YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY LIMITATION ON OUR LIABILITY IN THIS GENERAL TOS (INCLUDING ANY PROVISION OF THIS GENERAL TOS THAT STATES WHAT WE WILL HAVE LIMITED (OR NO) LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE SUBJECT MATTER OF SUCH PROVISION), CONSTITUTES YOUR AGREEMENT TO RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, TO THE EXTENT THAT THEY ALLEGE OR CLAIM ANY LIABILITY THAT HAS BEEN EXCLUDED OR DISCLAIMED OR THAT EXCEEDS THE AGREED-UPON LIMITATION. IN CONNECTION THEREWITH AND IN CONNECTION WITH ANY OTHER RELEASE UNDER THIS GENERAL TOS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

(E) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. CERTAIN 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.

16. TERMINATION; SUSPENSION. The term of this General TOS commences on the date you first register to use any ALL-IN SELLER Product or otherwise indicate your agreement to these General TOS, renews each time you log into or use any ALL-IN SELLER Product, and continues until terminated by either you or us. Either of you or us may terminate this General TOS for convenience upon written notice to the other. Termination of this General TOS for any reason also terminates all of your rights to use any and all ALL-IN SELLER Products. HOWEVER, EXCEPT WHERE WE SPECIFICALLY PROVIDE FOR A REFUND ELSEWHERE IN THIS GENERAL TOS (INCLUDING IN THE ADDITIONAL TERMS FOR A GIVEN ALL-IN SELLER PRODUCT), IF YOU CANCEL YOUR SUBSCRIPTION FOR A ALL-IN SELLER PRODUCT FOR CONVENIENCE BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, THE FEES FOR THAT SUBSCRIPTION PERIOD ARE NON-REFUNDABLE AND REMAIN DUE (AND YOU MAY BE ENTITLED TO CONTINUE TO USE SUCH ALL-IN SELLER PRODUCT (IN ACCORDANCE WITH THIS GENERAL TOS) UNTIL THE END OF THAT SUBSCRIPTION PERIOD). WHERE WE DO PROVIDE FOR A REFUND, YOUR RIGHT TO USE THE APPLICABLE ALL-IN SELLER PRODUCT TERMINATES IMMEDIATELY. ANY PROVISIONS OF THIS GENERAL TOS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON WILL SURVIVE, AS WILL ANY PROVISIONS OF THIS GENERAL TOS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.

suspend our performance hereunder and/or suspend or limit your and/or any of Your Users’ access to or use of ALL-IN SELLER Products, or to terminate this General TOS, IMMEDIATELY AND WITHOUT ANY LIABILITY TO YOU in the event of (i) a breach of this General TOS by you (including failure to make any payment when due) or (ii) any act or omission of any of Your Users that (a) would constitute a violation of this General TOS if done by you or (b) in our reasonable discretion, poses a risk of disruption or interference with a ALL-IN SELLER Product (or the security thereof) or with any other user’s use of a ALL-IN SELLER Product, or (c) constitutes (in our reasonable discretion) an unreasonable, excessive or abusive use of ALL-IN SELLER Products, our systems or resources. Neither termination of this General TOS or suspension of your use of a ALL-IN SELLER Product relieves you of your obligation to pay amounts due to us.

In addition, and without limiting any other right of termination we may have, we may terminate this General TOS for convenience with respect to a given ALL-IN SELLER Product by discontinuing the ALL-IN SELLER Product on notice to you, and this termination will be WITHOUT LIABILITY TO YOU, provided that, if you have prepaid fees for use of the discontinued ALL-IN SELLER Product beyond the date that such discontinuance becomes effective, we will refund you such unused prepaid fees, which will be your SOLE AND EXCLUSIVE REMEDY FOR SUCH TERMINATION OR DISCONTINUATION.

17. DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED. THIS SECTION AND ITS SUBSECTIONS WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

17.1 GOVERNING LAW. THIS GENERAL TOS WILL BE DEEMED TO HAVE BEEN MADE AND ENTERED INTO IN TEL-AVIV,  ISRAEL. THIS GENERAL TOS AND ANY CLAIM, ACTION, SUIT, PROCEEDING OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH, OR RELATING IN ANY WAY TO, THIS GENERAL TOS OR YOUR USE OF ALL-IN SELLER PRODUCTS (EACH A “DISPUTE” FOR PURPOSES OF THIS SECTION AND ITS SUBSECTIONS) WILL IN ALL RESPECTS BE GOVERNED BY, AND INTERPRETED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF STATE OF ISRAEL (EXCLUDING ITS PRINCIPLES REGARDING CONFLICTS OF LAWS) AND APPLICABLE FEDERAL LAWS OF ISRAEL.

17.2 AGREEMENT TO ARBITRATE. YOU AND WE AGREE THAT ANY DISPUTE (INCLUDING QUESTIONS OF ARBITRABILITY) WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AND ONLY SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

TO BEGIN AN ARBITRATION PROCEEDING, THE PARTY SEEKING ARBITRATION MUST FIRST GIVE WRITTEN NOTICE TO THE OTHER DESCRIBING THE DISPUTE(S) TO BE ARBITRATED. IF YOU AND WE ARE UNABLE TO RESOLVE THE CLAIMS AND DISPUTES DESCRIBED IN THE NOTICE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED BY THE OTHER PARTY, YOU OR WE MAY INITIATE ARBITRATION PROCEEDINGS WITH THE ARBITRATION ADMINISTRATOR IDENTIFIED BELOW.

ANY DISPUTE SHOULD BE SORTED IN ISRAELI COURTS, AT TEL-AVIV JAFFA COURTS ONLY.

THIS AGREEMENT TO ARBITRATE WILL NOT BE DEEMED TO PROHIBIT YOU OR US FROM APPLYING TO ANY COURT OF COMPETENT JURISDICTION, FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF ONLY, AS MAY BE NECESSARY TO PROTECT YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS OR RIGHTS IN OUR CONFIDENTIAL INFORMATION, BUT ALL OTHER RELIEF SOUGHT, AND ALL OTHER DISPUTES, WILL REMAIN SUBJECT TO THIS AGREEMENT TO ARBITRATE.

17.3 WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR RIGHTS TO BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND WE AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

17.4 JUDICIAL FORUM FOR LEGAL DISPUTES; CONSENT TO JURISDICTION. IN THE EVENT THAT THE AGREEMENT TO ARBITRATE ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR DISPUTE AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, THEN, UNLESS YOU AND WE AGREE OTHERWISE, ANY DISPUTE THAT IS NOT SUBJECT TO THE AGREEMENT TO ARBITRATE MUST BE RESOLVED EXCLUSIVELY BY AND IN THE COURTS LOCATED IN FULTON COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION. EACH OF YOU AND US HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION AND EXCLUSIVE VENUE OF COURTS LOCATED IN FULTON COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, FOR THE PURPOSE OF LITIGATING SUCH DISPUTES, AND WAIVES LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AS A DEFENSE. HOWEVER, THE TERMS OF THE SECTION TITLED “WAIVER OF CLASS ACTION” WILL CONTINUE TO APPLY TO SUCH LITIGATION.

18. NOTICES. We may deliver any notice required or permitted hereunder (i) via a notice on the applicable ALL-IN SELLER Product or (ii) via electronic mail to your contact information on record with us in your account information, which notice WILL be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of a ALL-IN SELLER Product (for example, changes to your account or billing information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey (for example, using your account page to update your contact information). Otherwise, all notices to us under this General TOS (including notices of claims or disputes or to initiate arbitration) must be delivered in writing in hard-copy (paper) to us by (i) personal delivery by hand, (ii) registered mail, (iii) certified mail, return-receipt requested, or (iv) reputable national or international mail courier with proof of delivery. Our current address is:

BESTSELLER MASTERY,
DAVID SAHAROV ST 5, RISHON LETSIYON

We may change this notice address by updating this General TOS or by listing a new address on the applicable ALL-IN SELLER Products or website(s) associated with them. YOU ARE RESPONSIBLE FOR MAKING SURE YOU ARE SENDING NOTICES TO OUR MOST-CURRENT ADDRESS AND FOR CONFIRMING THAT THEY HAVE BEEN RECEIVED BY US. Notices given to our address will be deemed effective upon the first normal business day (non-weekend/non-holiday) following actual receipt by us at such address. THIS SECTION WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

19. GENERAL TERMS. THIS SECTION AND ITS SUBSECTIONS WILL SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON.

19.1 Force Majeure. You agree that we will have NO LIABILITY for any issues caused by causes beyond our control, including acts or omissions of third parties. Without limiting the foregoing, you agree that ALL-IN SELLER Products may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, and we will not be liable for any delays, delivery failures, or other damage resulting from such limitations, delays, and other problems.

19.2 Waiver; Amendment; Assignment. No waiver of any right or remedy by us will be valid unless in writing, and waiver of a right or remedy on one occasion by us will not be deemed a waiver of such right or remedy on any other occasion. Except as otherwise provided in this General TOS, this General TOS may not be amended or modified except by a writing signed by you and us. You may not assign this General TOS or any of your rights or obligations without our prior written consent, and any attempt to do so will be void. We may freely assign this General TOS or any of our rights or obligations (in whole or in part, including without limitation in connection with the sale, assignment or other divestiture of some or all of our assets or business that relate to a given ALL-IN SELLER Product), and you waive notice of such assignment.

19.3 Severability. If any provision of this General TOS is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this General TOS will be valid and enforceable to the fullest extent permitted by applicable law.

19.4 Headings; Language. Section titles and headings in this General TOS are provided for convenience only and do not affect or limit the meaning or interpretation of the General TOS. The official language of this General TOS is English. In the event this General TOS is translated, the English version will control, and translations into languages other than English will not be construed as official or original versions of this General TOS. All contract interpretations, notices and dispute resolutions will be in English.

19.5 Links. If a ALL-IN SELLER Product contains links to other sites and resources provided by third parties, these links are provided for convenience only. We have no control over the contents of those sites or resources, and will have no responsibility for them and NO LIABILITY for any loss or damage that may arise from them or your use of them. If you decide to access any of the third party sites or resources linked to a ALL-IN SELLER Product, you do so entirely AT YOUR OWN RISK and subject to the terms and conditions of use for such sites or resources (including any applicable data privacy or security policies of such sites).

19.6 Entire Agreement. This General TOS sets forth the entire agreement and understanding between you and us pertaining to its subject matter, superseding all prior or contemporaneous discussions, agreements, promises or understandings between you and us pertaining to such subject matter. Any additional or varying terms contained in your preprinted forms, correspondence or other documents transmitted to us, will be of no effect, unless otherwise expressly provided in this General TOS, and are hereby rejected in advance.

19.7 Independent Contractors; No Other Beneficiaries. You agree and acknowledge that the relationship between you and us is that of an independent contractor, and nothing contained in this General TOS will be construed as establishing any employer/employee relationship, partnership or joint venture between you and us unless specifically stated otherwise in this General TOS. You have no authority to bind us to any legal obligation. There are no intended third-party beneficiaries of this General TOS, and nothing in this General TOS will be construed to create any rights enforceable by any person or entity other than you and us.

AllIn Responder – ADDITIONAL TERMS OF SERVICE
Effective: October 27, 2017

THESE ADDITIONAL TERMS APPLY TO YOUR USE OF, AND DEALINGS WITH, OUR AllIn Responder SERVICE (INCLUDING ALL RELATED FUNCTIONS AND FEATURES THEREOF WE PROVIDE LOCATED AT APP.ALLINSELLER.COM AND ALLINSELLER.COM) (“AllIn Auto Responder”) AND ANY SERVICES WE PROVIDE TO YOU IN CONNECTION WITH YOUR USE OF AllIn Responder. YOUR REGISTRATION FOR, OR USE OF, AllIn Responder CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE ADDITIONAL TERMS AS OF THE DATE YOU FIRST REGISTER FOR OR USE ALLINSELLER AUTO-RESPONDER AND EACH TIME THEREAFTER THAT YOU LOG INTO OR USE AllIn Responder.

THESE ADDITIONAL TERMS ARE GOVERNED BY AND SUBJECT TO, ALL TERMS AND CONDITIONS OF OUR GENERAL TERMS OF SERVICE (OUR “GENERAL TOS”) AND BECOME PART OF THE GENERAL TOS. AllIn Responder IS A “ALL-IN SELLER PRODUCT” FOR ALL PURPOSES OF THE GENERAL TOS. AS SUCH, YOU SHOULD READ ALL REFERENCES TO “GENERAL TOS” IN THESE ADDITIONAL TERMS TO INCLUDE BOTH THESE ADDITIONAL TERMS AND ALL OTHER APPLICABLE PROVISIONS OF THE GENERAL TOS. IN THE EVENT OF ANY CONFLICT BETWEEN THESE ADDITIONAL TERMS AND THE REMAINDER OF THE GENERAL TOS, THESE ADDITIONAL TERMS WILL CONTROL, BUT ONLY WITH RESPECT TO YOUR USE OF AllIn Responder.

1. CORE FUNCTIONALITY OF AllIn Responder. AllIn Responder generally allows merchants who have registered with AllIn Responder to create, manage and transmit (through the buyer-seller messaging service of a Supported Amazon Marketplace) outbound transaction-related email communications regarding specific goods offered by the merchant (a “Product”) to persons or entities who purchased such Product through the applicable Supported Amazon Marketplace (a “Purchaser”). Transaction-related email communications may include feedback and review reminders as well as, for merchant-fulfilled transactions, order status updates and similar communications, all to the extent the same are permitted under the policies of the applicable Supported Amazon Marketplace. This is the “Core Functionality” of AllIn Responder.

2. SUPPORTED AMAZON RETAIL MARKETPLACES. Currently, the only supported marketplace is Amazon-US (amazon.com), we will notice by mail\website for future marketplaces support

3. PERMISSION TO USE AllInSeller Responder. Subject to all terms and conditions of the General TOS, including without limitation the payment of all applicable charges and fees, we grant you a limited non-exclusive, personal, nontransferable, nonassignable, non-sublicenseable, revocable license, only when you are in compliance with all terms and conditions of the General TOS and the General TOS has not been terminated with respect to your use of AllIn Responder, to use the Core Functionality of AllIn Responder and such other features or functionalities of AllIn Responder as we may make available to you from time to time.

4. SET-UP; ACCESS TO NECESSARY INFORMATION. To use AllIn Responder with a given Supported Amazon Marketplace:

4.1 you must select the Supported Amazon Marketplace in AllIn Responder;

4.2 you must be (and remain at all relevant times) an authorized seller in good standing with respect to the Supported Amazon Marketplace, with all necessary rights and permissions to sell Products via the Supported Amazon Marketplace and to communicate with Purchasers using the buyer-seller messaging service for the Supported Amazon Marketplace; and

4.3 you must take action to grant us and AllIn Responder access to certain information relating to your Supported Amazon Marketplace transactions as may be specified by AllIn Responder from time to time (but, at a minimum, by enabling access to this information by AllIn Responder in Amazon Marketplace Web Services and your Amazon Seller Central account). If you have questions on how to enable the proper access, AllInSeller’s technical support team can assist you.

WE HAVE NO OBLIGATION TO PROVIDE (AND NO LIABILITY FOR FAILING TO PROVIDE) AllIn Responder WITH RESPECT TO ANY SUPPORTED AMAZON MARKETPLACE AT ANY TIME IN WHICH (I) WE DO NOT HAVE THE PROPER AUTHORIZED ACCESS TO (AND ACTUALLY RECEIVE ALL) NECESSARY INFORMATION FROM THE SUPPORTED AMAZON MARKETPLACE AS DESCRIBED ABOVE OR (II) YOU ARE NOT AN AUTHORIZED SELLER IN GOOD STANDING WITH RESPECT TO THE SUPPORTED AMAZON MARKETPLACE, WITH ALL NECESSARY RIGHTS AND PERMISSIONS TO SELL PRODUCTS VIA THE SUPPORTED AMAZON MARKETPLACE AND TO COMMUNICATE WITH PURCHASERS USING THE BUYER-SELLER MESSAGING SERVICE FOR THE SUPPORTED AMAZON MARKETPLACE.

5. EMAIL COMMUNICATIONS TO PURCHASERS.

5.1 Outbound Communications Through Amazon Buyer-Seller Messaging Service Only. You understand and acknowledge that AllIn Responder can be used to send messages to a Purchaser on an outbound-basis only and only through the buyer-seller messaging functionality of the Supported Amazon Marketplace. As such, you understand and agree that:

AllIn Responder cannot (and may not) be used to communicate with Purchasers other than through the buyer-seller messaging functionality of the Supported Amazon Marketplace;
because the buyer-seller messaging functionality protects Purchasers’ privacy by masking and replacing their email address with an alias email address supplied by the buyer-seller messaging functionality, (i) you will not have access to the Purchaser’s actual email address through AllIn Responder, and (ii) AllIn Responder can only send messages to Purchaser at the alias email address supplied by the buyer-seller messaging functionality; and
replies (or other inbound communications) from Purchasers or others are not received by or available in AllIn Responder (however, depending on how the Purchaser or other person sent the message to you, you may receive it in your Seller Central account or by some other means).

5.2 Creation and Content of Communications; Responsibility. Communications to Purchasers may be created using templates or other preexisting materials created by us that we provide in AllIn Responder or may consist of (in whole or in part) content you provide. NOTWITHSTANDING ANY USE OF TEMPLATES OR OTHER PREEXISTING MATERIALS WE PROVIDE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS YOU SEND (OR THAT ARE SENT ON YOUR BEHALF OR AT YOUR DIRECTION) USING AllIn Responder, INCLUDING ALL CONTENT OF SUCH COMMUNICATIONS. ALL SUCH CONTENT WILL BE “YOUR CONTENT” WITHIN THE MEANING OF THE GENERAL TOS (EXCEPT FOR THE PORTIONS THAT CONSIST OF TEMPLATES OR OTHER PREEXISTING MATERIALS CREATED BY US THAT WE PROVIDE). Without limiting the foregoing, YOU BEAR ALL RESPONSIBILITY FOR (AND WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR):

the choice and selection of the content and recipients of any such communications; and
reviewing and approving all details of the communication for accuracy, and appropriateness and ensuring that the communication complies in all respects with the General TOS, all applicable policies of the Supported Amazon Marketplace and all applicable laws.

Our templates and any other material we provide remain our property at all times, and you are granted no right to, and shall not, copy or use them except as specifically permitted by the General TOS and then only in connection with your permitted use of AllIn Responder.

5.3 Blacklists and Email Opt-Outs. AllIn Responder allows you to add Purchasers to an email blacklist so that AllIn Responder does not send communications to the Purchaser on your behalf. However, as may be required by applicable laws, rules or regulations or the policies of the applicable Supported Amazon Marketplace, each AllIn Responder communication also gives Purchasers and other recipients of communications the affirmative choice to opt-out of further communications via AllIn Responder (either on a seller-by-seller basis or entirely). Purchasers who affirmatively choose to opt-out are automatically added to the email blacklist. You agree that you will not use AllIn Responder to send communications to any Purchaser or recipient who (i) has affirmatively chosen to opt-out of such communications (as evidenced by their presence on an email blacklist), or (ii) has been placed by anyone other than you on an email blacklist that is applicable to you (for example, a Purchaser or recipient who has been added by us to a global blacklist).

5.4 Compliance. YOU WILL ENSURE THAT ALL COMMUNICATIONS YOU SEND (OR THAT ARE SENT ON YOUR BEHALF OR AT YOUR DIRECTION) USING AllIn Responder COMPLY AT ALL TIMES AND IN ALL RESPECTS WITH THE GENERAL TOS, ALL APPLICABLE POLICIES OF THE SUPPORTED AMAZON MARKETPLACE (INCLUDING WITHOUT LIMITATION ANY POLICIES REGARDING USE OF THE BUYER-SELLER MESSAGING SERVICE AND/OR PROHIBITED SELLER ACTIVITIES AND ACTIONS) AND ALL APPLICABLE LAWS, RULES AND REGULATIONS IN ALL JURISDICTIONS IN WHICH YOU, THE PURCHASER AND/OR THE SUPPORTED AMAZON MARKETPLACE MAY BE LOCATED OR THROUGH WHICH YOUR COMMUNICATION MAY BE TRANSMITTED. Without limiting the foregoing, you agree that all such communications will consist only of transactional messages directly related to the Purchaser’s transaction to purchase the Product (for example, order status updates, returns, warranty claims) and other transaction-related messages that are specifically permitted by the policies of the Supported Amazon Marketplace (such as feedback/review solicitations or reminders related to transactions, to the extent permitted under the applicable policies). You specifically agree to not use AllIn Responder to communicate with Purchasers to market or promote any goods or services other than the specific Product purchased by the Purchaser on the applicable Supported Amazon Marketplace. FAILURE TO COMPLY WITH THIS SECTION WILL BE A MATERIAL BREACH OF THE GENERAL TOS AND GROUNDS FOR IMMEDIATE SUSPENSION OR TERMINATION OF YOUR USE OF AllIn Responder.

AS MORE FULLY EXPLAINED ELSE WHERE IN THE GENERAL TOS, WE ARE NOT A PARTY TO ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY SHOPPER OR ONLINE RETAILER), EVEN IF THAT TRANSACTION OR INTERACTION IS FACILITATED, IN WHOLE OR IN PART, BY OR THROUGH US OR AllIn Responder. THIS SECTION WILL SURVIVE TERMINATION OF THE GENERAL TOS FOR ANY REASON.

5.5 Data, Information and Materials Provided by Supported Amazon Marketplace or by You. As noted, our provision of AllIn Responder is conditioned on our access to and receipt of all necessary data, information and materials regarding your transactions relating to the Supported Amazon Marketplace. You may also provide us with other data, information and materials regarding you, such transactions or such Purchasers. AllIn Responder uses such data, information and materials to, for example, populate your communications with Purchaser with applicable contact information and transaction details or to provide other features and functionality of AllIn Responder.

You acknowledge that the types of information we can access from the Supported Amazon Marketplace with respect to a given Purchaser or transaction may differ based on certain factors related to the Purchaser or transaction, which, in turn, can limit the types of communications you can send through AllIn Responder to such Purchaser related to such transaction. For example, where a certain transaction is Fulfilled By Amazon (FBA), AllIn Responder may not have access to all order and shipping information and so you may not be able to use AllIn Responder to send, for example, order status notices and other communications that may be available for Merchant Fulfillment Network (MFN) transactions that are fulfilled directly by you.

YOU AGREE AND ACKNOWLEDGE THAT:

ALL SUCH DATA, INFORMATION AND MATERIALS PROVIDED BY YOU OR MADE AVAILABLE TO US BY THE SUPPORTED AMAZON MARKETPLACE WILL BE “YOUR CONTENT” WITHIN THE MEANING OF THE GENERAL TOS;
WE HAVE NO CONTROL OVER THE CREATION, SELECTION, TRANSMISSION, CONTENT, CURRENTNESS, QUALITY, AVAILABILITY OR ACCURACY OF ANY SUCH DATA, INFORMATION OR MATERIALS, AND WE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS OR HARM CAUSED BY SUCH DATA, INFORMATION OR MATERIALS (INCLUDING ANY ERRORS, INACCURACIES, INCOMPLETENESS, OR UNAVAILABILITY OF SUCH DATA, INFORMATION OR MATERIALS);
WE ARE ENTITLED TO RELY FULLY ON ALL SUCH DATA, INFORMATION AND MATERIALS AS THEY ARE PROVIDED OR MADE AVAILABLE TO US OR AllIn Responder, AND WE HAVE NO OBLIGATION TO INVESTIGATE OR VERIFY ANY SUCH DATA, INFORMATION OR MATERIALS; AND
YOU ARE SOLELY RESPONSIBLE FOR ENSURING, AND WILL ENSURE, THAT ALL SUCH DATA, INFORMATION AND MATERIALS (AND THE PROVISION AND DELIVERY OF IT TO US AND YOUR AND OUR USE THEREOF IN CONNECTION WITH AllIn Responder) IS COMPLIANT WITH ALL POLICIES OF THE SUPPORTED AMAZON MARKETPLACE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, INCLUDING WITHOUT LIMITATION ANY LAWS, RULES AND REGULATIONS OF ANY JURISDICTION RELATING TO THE MARKETING COMMUNICATIONS OR COLLECTION, USE, DISSEMINATION OR TRANSFER OF PERSONAL DATA OR INFORMATION OF INDIVIDUALS.

6. OTHER FEATURES AND FUNCTIONALITIES. In addition to the Core Functionality of AllIn Responder, AllIn Responder may provide other features and functionalities as described on AllIn Responder (for example, monitoring and notification of reviews and feedback on your Products), subject to availability and payment of any applicable fees. Additional terms and/or fees may apply to these features, and using such new or additional features after notice of such additional terms and/or fees constitutes your consent to such additional terms and fees, which WILL become part of the General TOS (and if such additional terms conflict with other terms of the General TOS, they will control with respect to such new or additional features). Without limiting the foregoing, please note:

6.1 Messaging/Notifications. AllIn Responder may offer certain features to provide you with notification of activity related to your transactions related to a Supported Amazon Marketplace (for example, notifications that a Purchaser has left a review, rating or feedback). You acknowledge that, if you elect to receive these notifications on a mobile device, then you may incur data and messaging charges for these notifications from your communications or device provider in addition to any fees payable to us, and these charges are solely your responsibility. You can control the frequency and number of notices you receive by adjusting the notification parameters provided by AllIn Responder (for example, by choosing to be notified only of certain feedback (for example “only negative feedback” rather than “all feedback”).

7. PRICING AND PAYMENT. You agree to pay us all fees for purchases made from us and for services ordered from us. Our current fees are listed at https://www.allinseller.com/pricing To the extent we provide any feature or services for which we charge a fee that is not listed at https://www.allinseller.com/pricing, we will provide you with notice of such fees prior to providing the feature or service (for example, by displaying the fee at the time you are using the AllIn Responder feature to which the fee applies, and your use of the AllIn Responder feature to which the fee applies constitutes your consent to such fee). All other terms related to pricing and payment are as set forth elsewhere in our General TOS.

8. ADDITIONAL LIMITATION. WITHOUT LIMITING ANY OTHER PROVISION OF THE GENERAL TOS, ALL OF OUR OBLIGATIONS AND UNDERTAKINGS WITH RESPECT TO AllIn Responder ARE ALSO SUBJECT TO ALL POLICIES AND PERMISSIONS OF THE APPLICABLE SUPPORTED AMAZON MARKETPLACE, WHICH POLICIES AND PERMISSIONS MAY BE CHANGED FROM TIME TO TIME BY THE PROPRIETOR(S) OF THE APPLICABLE SUPPORTED AMAZON MARKETPLACE. WE HAVE NO CONTROL OVER SUCH POLICIES, PERMISSIONS OR CHANGES, NOR WILL WE HAVE ANY LIABILITY TO YOU FOR OUR FAILURE TO PERFORM OR FOR YOUR INABILITY TO FULLY USE OR RECEIVE ANY BENEFITS OF AllIn Responder AS A RESULT OF ANY SUCH POLICIES, PERMISSIONS OR CHANGES. FOR EXAMPLE, A SUPPORTED AMAZON MARKETPLACE MAY PROHIBIT OR REVOKE PERMISSIONS FOR US TO ACCESS OR RECEIVE NECESSARY DATA (OR REFUSE TO PERMIT USE OF AllIn Responder WITH A SUPPORTED AMAZON MARKETPLACE) AT ANY TIME IN THEIR SOLE DISCRETION. SIMILARLY, WE HAVE NO LIABILITY WHATSOEVER FOR ANY FAILURE TO PROVIDE ANY PORTION OF AllIn Responder (INCLUDING ANY ERROR, DELAY OR FAILURE IN DELIVERY OF COMMUNICATIONS) WHERE CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS IN, INABILITY TO ACCESS, OR DEGRADATION IN ACCESS TO, AMAZON’S SYSTEMS, THE SUPPORTED AMAZON MARKETPLACE OR ANY DATA, INFORMATION OR MATERIALS RELATED THERETO OR THE BUYER-SELLER MESSAGING SERVICE DUE TO CAUSES BEYOND OUR CONTROL (INCLUDING WITHOUT LIMITATION OUTAGES, DOWNTIME OR DISCONTINUATION OF ANY OF THE FOREGOING OR DENIAL OF OUR ACCESS TO ANY OF THE FOREGOING).

In addition, and without limiting any other right of suspension or termination we may have under the General TOS, we reserve the right to, at any time, refuse, delete, remove or disable access to any information or materials, WITHOUT ANY LIABILITY TO YOU, where required by applicable law, rule or regulation, or if we determine that it does not comply (or that you are not complying) in all respects with the General TOS and all applicable policies of the Supported Amazon Marketplace or could lead to liability on our part to any third party.

9. INDEMNIFICATION. IN ADDITION TO ANY OTHER OBLIGATION YOU HAVE UNDER THE GENERAL TOS, YOU WILL ALSO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR SUCCESSORS OR ASSIGNS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (EACH INDIVIDUALLY AN “INDEMNITEE” AND COLLECTIVELY “INDEMNITEES”), TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS, DAMAGE, OR HARM (INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES) SUFFERED BY ANY INDEMNITEE ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING (EXCEPT TO THE EXTENT CAUSED BY OUR OWN NEGLIGENCE OR WILLFUL MISCONDUCT):

YOUR BUSINESS ACTIVITIES (INCLUDING WITHOUT LIMITATION YOUR OFFERING OR SALE OF PRODUCTS OR YOUR TRANSACTIONS WITH A PURCHASER OR ANY SUPPORTED AMAZON MARKETPLACE), OR
ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY CLAIM BY ANY THIRD PARTY:
(1) ARISING FROM YOUR FAILURE OR INABILITY TO FULFILL ANY PRODUCT, REGARDLESS OF THE REASON FOR SUCH FAILURE OR INABILITY, AND SPECIFICALLY INCLUDING ANY FAILURE OR INABILITY CAUSED BY MANUFACTURING OR TRANSPORTATION ISSUES, CLAIMS OF INFRINGEMENT, OR FAILURE TO COMPLY WITH ALL APPLICABLE TERMS AND CONDITIONS OF THE SUPPORTED AMAZON MARKETPLACE OR WITH ALL APPLICABLE LAWS, RULES OR REGULATIONS;
(2) UNDER ANY LAW, RULE OR REGULATION THAT WOULD TREAT US AS THE AUTHOR, CREATOR, PUBLISHER, PROMOTER, OFFEROR, IMPORTER, EXPORTER, DESIGNER, MANUFACTURER, DISTRIBUTOR OR SELLER OF PRODUCTS (INCLUDING WITHOUT LIMITATION CLAIMS SOUNDING IN OR BASED UPON, INACCURACIES OR OMISSIONS, MISREPRESENTATION, WARRANTY, BODILY INJURY OR DEATH, OR PRODUCT LIABILITY); OR
(3) THAT ANY PRODUCT INFRINGES, VIOLATES OR MISAPPROPRIATES ANY RIGHT OF SUCH THIRD PARTY OR FAILS TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.

ALL INDEMNITEES ARE EXPRESSLY MADE THIRD PARTY BENEFICIARIES OF THIS SECTION. THIS SECTION WILL SURVIVE THE TERMINATION OF THE GENERAL TOS FOR ANY REASON.

In addition, and without limiting any other right of suspension or termination we may have under the General TOS, we reserve the right to, at any time, refuse, delete, remove or disable access to any information or materials, WITHOUT ANY LIABILITY TO YOU, where required by applicable law, rule or regulation, or if we determine that it does not comply (or that you are not complying) in all respects with the General TOS and all applicable policies of the Supported Amazon Marketplace or could lead to liability on our part to any third party.