Terms And Conditions
The Last Update Date: January 1, 2021
These Terms and Conditions outline the rules and regulations for the use of AmzMonitor's Website, which is operated on AmzMonitor.com. Please carefully read these Terms and Conditions before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. Do not continue to use AmzMonitor's website if you do not accept all of the terms and conditions stated on this page.
- Client. “You”, “Member”, and “Your” refers to you, the person accessing AmzMonitor website and accepting the Company’s terms and conditions.
- Website and Service. AmzMonitor, referred to as “Ourselves”, “We”, “Our”, “Site”, “Service” and “Us”, provides monitoring services for Amazon sellers. AmzMonitor is owned and operated by PecanTech LLC, a Delaware limited liability company.
- Terminology. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
- Coverage. These Terms and Conditions apply to all users of the Site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions, then you shall not access the Site or use our Service.
- Future Site Release. Any update, or other addition to functionality of the Site or Services shall be subject to these Terms. You can read the latest version of our Terms and Conditions on our website.
- Terms and Condition Update. We have the right to change, update or replace any part of the Terms and Conditions. It is customer, site user and accessor responsibility to check the Site periodically for amendments or updates to these Terms and Conditions. Your continued use of the website following any changes, amendments or updates in the Terms and Conditions implies your acceptance of those changes.
- Section Headings The section headings in the Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms.
- Setting up an Account. To use the Site, you must be at least 18 years of age, and, where law requires an older legal age, of legal age. Individuals under the legal age may utilize the Service only with the involvement of a parent or legal guardian. Provide your legal full name, valid email address, and any other information we request to complete your sign up process. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. For paid plans, provide us with a "Payment Method", which means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
- Account Protection. The User should maintain control over access to the Service and not reveal the password or details of the Payment Method associated with the account to anyone. Users are not allowed to share their account, log-in or any other access related credentials with any other party. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you and/or AmzMonitor. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with this security obligation.
- Enforcement Period. The rights and obligations entitled to you by these Terms will remain in force only for so long as these Terms remain in effect.
- Service Usage. AmzMonitor.com retains the right at our sole discretion to deny access to the Service or Site to anyone or any account, at any time and for any reason. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for your personal, or commercial purposes.
- Integration Limits. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools).
- Code Protection. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.
- Republishing the Site Generated Data. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You agree not to publish the information gathered by AmzMonitor services on personal or any third party websites.
- Compliance with Law. You represent and warrant that your use and interaction with AmzMonitor and its Service is in compliance with all national, federal, state, and local laws, ordinances and regulations.
Restrictions.You agree not to use the Site and the Services (including the Downloadable Tools) to:
- stalk, harass or harm another individual;
- collect or store personal data about other users;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- transmit any worms, viruses or any code of a destructive nature within the Service or the Site.
- infringe upon or violate our intellectual property rights or of others.
- resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them.
- make any derivative works based, in whole or in part, on any portion or all of the Services.
- Reproduce, Distribute Content.You shall not download any content, software or services unless you see a “download” or similar link displayed on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of AmzMonitor.
- Automated Usage. Without our consent, you may not use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts).
- Violation of the Terms. A breach or violation of any of the Terms and Conditions, the determination of which shall be made by AmzMonitor.com in its sole discretion, will result in an immediate termination of your access to the Site and Service.
Subscription and Payments
- Start of Subscription. Service begins as soon as your trial period starts or your initial payment is processed. AmzMonitor will bill you on the date you subscribe to the Service.
- Auto Renewal. AmzMonitor will continue to bill you in accordance with your selected Subscription until you cancel the Service. Your subscription will continue without renewal notice until you cancel your subscription. You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. Your renewal payment date may change, if your Payment Method has not successfully settled or if your payment date is not contained in a given month.
- No Refund. Payments are nonrefundable. Should you cancel within, your payment is non-refundable and your service will continue until the end of the current subscription period.
- Changes to the Subscription Plans and Pricings. AmzMonitor reserves the right at any time to change the subscription plans both in terms of usage limits and pricings. Since there’s no contract, your next monthly or annual subscription rate is subject to change, but you will be notified of any change with the option to cancel in accordance with these terms. We have the right to discontinue any product or the Service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Service. We reserve the right to limit the sales of service to any person, geographic region or jurisdiction.
- Money Back Guarantee. You are eligible for our Money Back Guarantee within 30 days of your original sign-up. To receive your money back, you must contact us at our mail address no later than 30 days following your original sign-up and ask for a refund. Any contacts made after that 30 day period will not be eligible for our Money Back Guarantee. Only your first purchase is subject to the Money Back Guarantee and renewal orders are not eligible for the Money Back Guarantee under any circumstances.
- Campaigns. AmzMonitor has the right to create campaigns and to provide temporary discounts on subscription plans for the new or existing customers. The existing clients do not have the right to request discounts of the campaigns. We reserve the right at any time to update the details and pricings of the campaigns.
- Account Details and Payment Method. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You shall promptly update your account and other information, including your email address and credit card details and expiration dates, so that we can complete your transactions and contact you as needed. You can update your payment method by visiting the subscription page.
- Payment Failure. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we will suspend your access to the service until we have successfully charged a valid Payment Method.
- Credit Card Details. AmzMonitor does not store any of your credit card information. Credit card details will not be shared with any third party company other than Stripe or other third-party payment processor determined by AmzMonitor. The users are bound to Terms of Condition of the payment processor separately.
Cancellation of Subscription or Downgrade-Upgrade Policy
- Cancel Subscription. Cancellations can be made any time by visiting the subscription page or by contacting Customer Support through our mail address. In the event of payment failures or dispute, then we reserve the right to cancel your subscription. As soon as you cancel your subscription, your current subscription will continue to be effective until the auto-renew date and the cancellation will be effective from the nearest auto-renew date on. There will be no refund if a user wishes to cancel before the end of the current month or year. Please cancel your subscription by 7:00 PM EST the day before your auto-renew date if you do not wish to use your current plan.
- Downgrade Subscription. You may downgrade to a cheaper subscription by visiting the subscription page or by contacting Customer Support through our mail address. The current subscription will continue to be effective until the auto-renew date and the downgraded plan will be effective from the nearest auto-renew date. Please downgrade your subscription by 7:00 PM EST the day before your auto-renew date if you do not wish to use your current plan.
- Upgrade Subscription.You may upgrade your subscription by visiting the subscription page or by contacting Customer Support through our mail address. As soon as you upgrade your plan, the new plan will be effective and the unused period of your previous plan will be deducted from the pricing of your new plan`s pricing.
Completeness, Accuracy and Timeliness of Information
- Monitoring Information. Our site shall not be responsible for not accurate or incomplete information provided by our services. The information provided by the Site is only for general information and the users should not solely rely on the Site information as the exclusive basis for their decision making. Any reliance on information from this Site is at your own and exclusive risk.
- Historical Information. AmzMonitor may also provide historical information just for your references. We reserve the right to adjust the information of the Site at any time, however without any obligation to update the content. Therefore, it is the user responsibility to track the changes on our Site.
- Accessibility.Even if we give full efforts to keep our Site full accessible, there might be some interruptions in the services provided by the Site for any reason like routine maintenance. Therefore, our users acknowledge that due to circumstances both within and outside of our control, the Site and Service access may be interrupted, suspended or terminated.
Product or Brand Denial
- ASINs and Amazon Sellers. AmzMonitor.com reserves the right to deny any User or the User’s products (ASIN’s) and competitor sellers to monitor at our sole discretion and without notice.
Privacy, Security and Storage
- Security and Storage. Although we use multiple and various security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to us over the Internet. Furthermore, your Personal Data is generally stored on servers located in the United States. If you are located in another country, you should be aware that once your Personal Data is submitted through our Service, it will be transferred to our servers in the United States.
License, Rights and Iframes
- Intellectual Property Rights. Unless otherwise stated, AmzMonitor and/or its licensors own the intellectual property rights for all material on AmzMonitor. All intellectual property rights are reserved. You may view and/or print pages from https://www.amzmonitor.com for your own personal use subject to restrictions set in these terms and conditions.
- Iframes. Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
- Reservation of Rights. We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Web site upon such request.
- Removal of links from our website. If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
- Feature Requests. By providing any feature request or feedback, you agree that we shall be free to use any of your feature ideas, concepts or techniques including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you. By submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights.
Terms and Condition Compliance
- Proprietary Information. By using Site or Service, you expressly hereby agree and acknowledge that AmzMonitor may, as an inherent part of the Service, disclose to you certain proprietary information of AmzMonitor, including promotional methods, methodologies, systems, products and other information (“Proprietary Information”), and you hereby agree to hold such Proprietary Information in strict confidence and that you shall not disclose any Proprietary Information in perpetuity.
Disclaimer of Warranties and Limitations of Liability
- Disclaimer of Warranties. You expressly acknowledge and agree that use of the AmzMonitor is at your sole risk. To the maximum extent permitted by applicable law, the application and any services performed or provided by us are provided "as is" and “as available,” with all faults and without warranty of any kind, and we hereby disclaims all warranties and conditions with respect to the AmzMonitor and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights.
- Limitations of Liability. Should the AmzMonitor application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Liabilities. We are not responsible for the acts, omissions, or failures of any third-party content, service, network, or software or hardware provider, including but not limited to, internet service providers, hosting services used by us, telecommunications providers, content provided by other users, or any software or hardware not provided by us. Your use of any optional tool offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
- Downloaded Material. Any material downloaded or otherwise obtained through the use of the Site or services, including, but not limited to, and pdf files, is done at your own discretion and risk. You agree that you, solely, are responsible for any damage to your computer system or other device, and/or for any loss of data that may result from the download of any such material.
- No Advice Warranty. Any advice or information, whether communicated orally or in writing, from AmzMonitor employees, or via the site or services or from our authorized representatives, shall create any warranty not expressly stated in this agreement. You agree that neither AmzMonitor nor its owners, officers, directors, affiliates, contractors, licensors, employees or agents, will be held liable to you or any third party acting on your behalf, for any tangible or intangible damages or losses arising from or relating to this agreement, your use of or inability to use the site or services, or your use of third party materials, content, or services.
- Suspension of Services. AmzMonitor will not be held responsible for any damages, liabilities, losses, or other consequences that you may incur in the event that the site and/or services are modified, suspended or discontinued.
- Out of Control System Failures. AmzMonitor 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, hackers, government orders, war, third party internet providers, power failures, nuclear destruction, acts of civil or military authority, fires, riots, embargoes, Internet disruptions any other force major events.
- Damages Beyond Subscription Cost. In no event shall AmzMonitor’s and its affiliates’, representatives’, officers’, directors’, stockholders’, employees’, or agents’ aggregate liability for all claims, whether in contract, tort, or any other theory of liability, exceed the cost of customer’s subscription.
- No Liability for Profit Loss. To the extent not prohibited by law, in no event shall we be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the AmzMonitor and even if AmzMonitor has been advised of the possibility of such damages.
- Third Party Services. The Site may contain links to third party websites or 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. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites or resources.
- Trial Period. From time to time and at our sole discretion, we may offer you the opportunity to try a new product or our service for free for a limited time. Before the end of the Trial Program, you must decide whether you would like to continue using the new feature or our service, should we choose to offer it.
- Fee for Trial Program. Whether we introduce a Trial Program feature into the Services generally, and if so, whether we charge an additional fee to access the feature, is at our sole discretion. If we charge a fee for its use and you purchase the trial product or service, we may add it to your monthly invoice to be billed automatically until you choose to remove the new service or cancel your Subscription.
- End of Trial Period. If you do not purchase the product or service by the end of the Trial Program, you will not be billed for it (normal Subscription rates will apply), and that feature or subscription will no longer be available to you. You agree to comply with any additional terms, restrictions, or limitations connected to any Trial Program.
- Multiple Sign Ups for Trial. You may not sign up for multiple accounts in order to receive additional Trial Program benefits. Upon your multiple usages of our trial program, we have the right to suspend and terminate your account, and block your access to our services.
- Update Trial Program. We may update, terminate or suspend a Trial Program at any time without notice or liability, and in our sole discretion, and we reserve the right to adjust pricing relative to any service or product offered through a Trial Program. We are not responsible or liable for any adverse impact caused by or connected with a Trial Program.
Governing Law, Waiver of Jury Trial and Class Action Rights
- Waiver of Jury Trial. In any dispute arising out of or related to the site, the services, a subscription and/or this agreement, you hereby expressly give up: (i) your right to a trial by jury; and (ii) your right to participate as a member of a class of claimants, in any lawsuit including, without limitation, class action lawsuits.
- Governing Law. These Terms shall be governed, constructed, and enforced in accordance with the laws of the State of Delaware without regard to its conflict of laws rules, or international law or convention.
- International Users. The Services are controlled, operated and administered by us from within the United States. However, any access or use from outside the U.S. is still subject to this Agreement.
Termination and Assignment of Rights
- Effectiveness of Terms. Your obligations and liabilities with respect to the use of the Site and Service incurred prior to the termination of your relationship with AmzMonitor shall survive the termination of these Terms for all purposes. These Terms shall be effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.
- Fail to Obey Terms.If, in our sole and absolute discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, then we shall have the right to terminate these Terms of Service at any time without notice, and (i) you shall remain liable for all amounts due up to and including the date of termination; and/or (ii) AmzMonitor shall have the right to deny you access to our Site or Service (or any part thereof).
- Assignment of Rights. You may not assign any of your rights under the Terms to anyone else. We may assign our rights at our discretion.
Means of Communication and Contact Information
- Means of Communications. You consent to receive electronic communications from us. We will communicate with you in a variety of ways, such as by email or by posting notices and messages on AmzMonitor 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. You are responsible for maintaining your own access to the internet while receiving communications electronically.
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