Welcome to Findyourseller.com (“the Website”), created and operated by FindYourSeller LLC (“FYS”). FYS provides the features and services on the Website subject to the conditions described below.
By using Findyourseller.com, you agree to these conditions. Please read them carefully.
Changes to Terms of Service
FYS reserves the right to modify these Terms of Service at any time. Any changes will be immediately incorporated into these Terms of Service and effective when posted. In addition, any changes will be indicated below for a period of thirty (30) days after they become effective.
At FYS sole discretion, you may be asked to indicate your acceptance of changes to these Terms of Service as a condition of your continued use of the Website.
These Terms of Service are effective as of: December 6, 2019.
There have not been any changes to the Terms of Service in the last thirty (30) days.
You agree that agreements, notices, disclosures, and other communications from FYS may be provided to you electronically, and that this satisfies any legal requirement that such communications be in writing. You may indicate your preferences as to the frequency and type of marketing communications from FYS in the applicable account settings.
Relationship to Amazon Services, LLC and Affiliates
The features and services that FYS provides through the Website are primarily intended to connect businesses that produce goods (“Brands”) with businesses that list and sell goods on Amazon.com (“Sellers”). That notwithstanding, neither FYS nor the Website is affiliated in any way with Amazon Services, LLC, or any of its affiliates (collectively “Amazon”). You assume all responsibility for complying with the terms of any agreements that you may have with Amazon, including but not limited to the Amazon Services Business Solutions Agreement and any related services terms and program policies. You agree not to use the features and services provided through the Website to breach, avoid, or circumvent any obligations you may have under such agreements, whether to Amazon or to third parties, whether or not such third parties are registered users on the Website.
Website Access and Account Security
In order to use the features and services provided through the Website, you must be:
- At least eighteen (18) years of age;
- A resident of the United States; and
The features and services that FYS provides through the Website are strictly limited to business and/or commercial purposes. FYS is a Non-EU Entity that does not offer goods or services to individuals or organizations located in the European Economic Area (“EEA,” i.e., the 27 EU Member States plus Iceland, Norway, and Liechtenstein) or EU.
FYS reserves the right to change or withdraw the Website, and any features or services provided through the Website, at any time, in the sole discretion of FYS. FYS shall not be liable if any part of the Website, or the features and services provided through the Website, are unavailable at any time or for any period. FYS may, from time to time, restrict access to part or all of the Website.
You are responsible for making all necessary arrangements for you to have access to the Website and for ensuring that all persons who access the Website through your Internet connection comply with these Terms of Service.
You agree to treat as confidential any user name, password, and any other information that you choose (or are provided) for your account and related security procedures. You must not disclose such to any third parties. If more than one individual in the same organization wishes to use the Website, each of them must create their own accounts. You agree to notify FYS immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Interactions with Third Parties
All information about Brands and Sellers listed on the Website is provided by third parties and is subject to change without notice either to you or to FYS. FYS is not responsible for preserving, examining, evaluating, or verifying, and FYS explicitly does not warrant, any of the information provided to you by third parties, whether or not such information is published, displayed, or communicated through the Website.
YOU ASSUME ALL RESPONSIBILITY, RISK, AND LIABILITY FOR ANY TRANSACTIONS WITH THIRD PARTIES, INCLUDING THIRD PARTIES WITH WHOM YOU COMMUNICATE USING THE WEBSITE.
License and Access
Subject to your compliance with these Terms of Service, and your payment of any applicable fees, FYS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the features and services provided through the Website. This license does not include any resale or commercial use of any such features and services, or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by FYS. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FYS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FYS without express written consent. You may not use any meta tags or any other “hidden text” utilizing FYS’s name or trademarks without the express written consent of FYS. You may not misuse the features and services provided through the Website and may use them only as permitted by law. The licenses granted by FYS terminate if you do not comply with these Terms of Service
Disclaimer of Warranties, Limitation of Liability, and Indemnification
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY FYS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FYS DOES NOT WARRANT THAT THE WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, FYS’S SERVERS, OR ELECTRONIC COMMUNICATION SENT FROM FYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FYS HARMLESS FOR ANY CLAIMS, OF ANY KIND, BROUGHT BY THIRD PARTIES THAT ARISE OUT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
Any dispute or claim relating in any way to your use of the Website, or to the features and services provided by FYS through the Website, may, at the option of either party, be submitted to binding arbitration. Either party may exercise this option either by submitting a claim directly to arbitration, or by causing a dispute or claim to be sent to arbitration after the other party has filed a lawsuit. Should either party choose to submit a claim to arbitration, Federal Arbitration Act and federal arbitration law will apply.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to FYS at:
1052 New Holland Pike
Lancaster, PA 17601
The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator rules in your favor, FYS will reimburse those fees for claims totaling less than $75,000. FYS will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Lancaster County, Pennsylvania, or at another mutually agreed location.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. Any lawsuits arising out of your use of the Website, or to the features and services provided by FYS through the Website, must be filed in the Lancaster County Court of Common Pleas.
Notwithstanding any of the above, either party may bring suit in either the Lancaster County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania (as jurisdictionally appropriate) to enjoin infringement or other misuse of intellectual property rights.
By your use of the Website, you agree that the laws of the Commonwealth of Pennsylvania, together with the Federal Arbitration Act and other applicable federal law, will govern these Terms of Service and any dispute between you and FYS.