Effective date: January 2019
Term: These Terms remain in full force and effect until terminated by either party. We may terminate your account at any time and for any reason, and we may refund you a pro-rated portion of any plan prepayment, at our sole discretion. All provisions of these Terms that should, by their nature, survive termination or expiration of these Terms shall survive termination or expiration, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law.
Eligibility: By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to agree to these Terms as a binding contract and abide by all of the terms and conditions of these Terms.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
Accessing the Services and Account Security: We reserve the right to withdraw, suspend, or amend the Services, and any service or material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services.
Interactions with Amazon: The Services depend on our ability to review your current or planned marketing strategy, spend, and sales on Amazon’s website. Therefore, in order to use the Services you are required to sign in to your Amazon seller’s account through our website, and by doing so, you grant us permission to access your account data, including, but not limited to, all sales transactions, and view and make changes to your marketing strategy and spend. We are not responsible for Amazon’s website, payment portal, your Amazon account, your Amazon Seller account, it’s listings, or policies or policy changes, which are governed by Amazon’s own terms of service and policies.
The Services: We perform the Services by using proprietary software. You agree that by signing up for the optional Services, we may make changes related to such optional services, including, but not limited to, your advertising campaigns and or your product price and or to your Amazon account based on your selection of Services offered, at any time and for any reason, until you cancel your subscription to the Services. However, we do not make any guarantees about the effects or usefulness of the Services, including but not limited to, whether our changes to your online marketing, spend or sales will be successful or generate additional revenue for you, and your use of the Services is entirely at your own risk. This is because ultimately Amazon sales are determined by the effectiveness of your product and Amazon listing, which we have no control over. You are solely responsible for all fees charged by Amazon related to advertising or selling on its website. Additionally, to use the Services, you must provide a valid credit card that will be processed through a third party.
Fees and Payments: The Services are offered pursuant to a subscription plan. PPC Optimization reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If PPC Optimization changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes. Payments for the subscription are due prior to the start of the new term. You must cancel your subscription at least 24 hours prior to the start of the new term by contacting Customer Support at email@example.com or you may be charged for the next term. Refunds will not be given once payment has been made, except at our sole discretion.
As long as you are subscribing to our Services or have an outstanding balance with us, you must provide us with a valid payment source that you are authorized to use and you authorize us to deduct the due charges against that payment source including, without limitation, any applicable taxes. If for some reason, we are unable to process your payment, we’ll try to contact you by email so you may provide us with an alternate payment source. Failure to perform payment shall construe as a material breach of these Terms and we may cancel your subscription immediately.
Intellectual Property Rights: Services and all related contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks: The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses: You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
Users Outside the U.S.: The Services is controlled and operated from the United States and is subject to its laws. If you choose to access the Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST SIX (6) MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
All matters relating to the Services and these Terms shall be governed by the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provisions or rules. Any litigation arising out of this Agreement will be brought solely and exclusively in the state or federal courts located in LaGrange, Kentucky.
Arbitration: At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kentucky law.
Waiver and Severability: Our failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Your Comments and Concerns: All feedback, comments, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org.