Terms and Conditions - Amazon Automation

Terms & Conditions

AGREEMENT BETWEEN CUSTOMER AND OMEGA COMMERCE, LLC

Welcome to http://amazonautomation.com/ (the “Website”). This website is provided to onboard potential customers on the e-commerce storefront management services offered by AmazonAutomation, and for no other purposes. The terms “we”, “us”, “our”, “http://amazonautomation.com/,” and “AmazonAutomation” refers to Omega Commerce, LLC, a New Jersey limited liability company. The term “you” refers to the customer visiting the Website and/or signing up for the e-commerce storefront operation and management services offered by AmazonAutomation through this Website or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to enroll you, or another person for whom you are legally authorized to act, in the e-commerce storefront management services offered by AmazonAutomation; (v) you will inform such other persons about the terms and conditions that apply to the e-commerce storefront management services for which you have registered on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, Amazon.com storefront management services, product sales trends, and related activities), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: use this Website or its contents for any commercial purpose; make any speculative, false, or fraudulent representations in relation to product sales or potential profitability; access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automatic means, individually or collectively, or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

STOREFRONT RULES AND RESTRICTIONS

Additional terms and conditions will apply to your enrollment in the e-commerce storefront management services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability, minimum age requirements, and usage of the e-commerce storefront services offered. You acknowledge that some suppliers of products offered in the storefront(s) may require you to adhere to local policies as a prerequisite to using and/or participating in the service and/or activity they offer.

PRIVACY POLICY

AmazonAutomation believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any e-commerce storefront management reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant AmazonAutomation and corporate affiliates (collectively, the “AmazonAutomation Companies”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “AmazonAutomation Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that AmazonAutomation may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a rental car supplier review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant AmazonAutomation the right to pursue at law any person or entity that violates your or AmazonAutomation’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that AmazonAutomation may exercise its rights (e.g., use, publish, delete) to any content you submit without notice to you.

AmazonAutomation’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found at Copyright Complaint Policy.

INDEMNIFICATION

You agree to defend and indemnify the AmazonAutomation Companies, the AmazonAutomation Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than AmazonAutomation. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software or informational feeds made available to download from this Website (“Software”) is the copyrighted work of AmazonAutomation, AmazonAutomation Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose. In addition, you agree not to use any publicly available Software and/or its contents for any commercial purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the AmazonAutomation Companies, AmazonAutomation Affiliates, and/or our respective suppliers or vendors, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2018 AmazonAutomation. All rights reserved. AmazonAutomation is not responsible for content on websites operated by parties other than AmazonAutomation. Omega Commerce, LLC and AmazonAutomation are the trademarks of Omega Commerce, LLC.in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by emailing us at omegaecombiz@gmail.com. Please note on the email that you are contacting us about AmazonAutomation. We only address messages concerning brand infringement at this email address.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, please click here for additional information: Copyright Complaint Policy.

GENERAL

Time is of the Essence. Time is of the essence to all terms of this Agreement, except where otherwise provided herein.

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover from the other party reasonable attorneys’ fees and other costs incurred in that action or proceeding, including those related to appeals, in addition to any other relief to which it or they may be entitled.

Entire Agreement. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof, and all prior agreements between the parties are deemed to be null and void. This Agreement may not be modified or amended except by a written document signed by the party against whom enforcement is sought.

Waiver. No waiver by any party or any failure or refusal to comply with obligations of any other party shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

Section Headings. The headings of the various sections of this Agreement have been inserted only for the purposes of convenience and are not part of this Agreement and shall not be deemed in any manner to modify, expand or restrict any of the provisions of this Agreement.

Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, and this Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all of the parties have contributed substantially and materially to the preparation of this Agreement. Venue for any disputes concerning this Agreement shall lie in the Courts of Miami-Dade County, Florida.

Plural, Singular, Pronouns. Where appropriate, the use of the singular herein shall include and be deemed to be the plural and the use of the plural herein shall include and be deemed to be the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires.

You agree that no joint venture, partnership, or employment relationship exists between you and the AmazonAutomation Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, AMAZONAUTOMATION AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “AMAZONAUTOMATION AFFILIATES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND/OR SERVICES DISPLAYED OR PROMOTED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS.

AMAZONAUTOMATION CUSTOMER TESTIMONIALS DISPLAYED ON THIS WEBSITE ARE PROVIDED AS ONLY GENERAL INFORMATION, AND THE AMAZONAUTOMATION AND ITS CORPORATE AFFILIATES (THE “AMAZONAUTOMATION COMPANIES”) AND THE AMAZONAUTOMATION AFFILIATES DO NOT GUARANTEE THE ACCURACY OF SUCH TESTIMONIALS. THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME

THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE AMAZONAUTOMATION COMPANIES OR THE AMAZONAUTOMATION AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE AMAZONAUTOMATION COMPANIES AND THE AMAZONAUTOMATION AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE AMAZONAUTOMATION COMPANIES AND THE AMAZONAUTOMATION AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

You agree to irrevocably waive, release and discharge AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERSBE from ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE LIMITATION ABOVE, THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES OR THEIR RESPECTIVE SUPPLIERS LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES YOU PAID TO AMAZONAUTOMATION IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE HUNDRED DOLLARS (US$100.00).

THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF THE AMAZONAUTOMATION COMPANIES, THE AMAZONAUTOMATION AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS.