TERMS AND CONDITIONS
Last Update: Nov 15, 2018
Please carefully read this agreement. By accessing or using our site or services, you agree that you have read and agree to be bound by the terms and conditions of this agreement.
If you do not agree to these terms of service, or do not meet the qualifications included in this agreement, GeekSeller, LLC is then unwilling to provide you with access to or use of our site or services and you must not access or use our site or services. If you access or use our site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement.
Introduction and Acceptance of the Terms of Service
THESE TERMS AND CONDITIONS (the “Agreement” or “Terms and Conditions”) set forth the terms under which GeekSeller, LLC, a Texas limited liability company company (the “Company”, “we”, or “us”) will provide business services (the “Services”) to you, the user (the “User”, “you”, or “your”) related to www.geekseller.com and all affiliated websites, including mobile websites and applications, owned and operated by us (the “Site”).
We maintain that, by creating an account and using our Site and Services, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST CEASE ACCESSING THIS SITE , AND TERMINATE ANY ACCOUNT YOU HAVE OPENED.
We expressly reserve the right to change these Terms and Conditions from time to time. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide by and be bound by the modified Terms and Conditions.
If any violation of these Terms and Conditions occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, partners, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and our Services.
GeekSeller, LLC provides Jet.com, Walmart.com eBay.com, and Amazon.com integrations, as well as other future integrations into other online marketplaces and e-commerce platforms. Our goal is to provide reliable Business Service for a competitive price that helps merchants sell their products across multiple platforms.
GeekSeller.com does not own or control any of the e-commerce platforms we integrate with, rather the Services provided are designed to let users communicate with those platforms via available API or other connections in a manner that follows the terms and conditions of those platforms. Additionally, we are not responsible for the termination of your seller account on any marketplace or any e-commerce platform and/or any fees charged by those platforms.
Once you create an account with us, you will be able to log into your Account to view a custom dashboard. Your dashboard enables you to view and manage your product listings and sales via our partner platforms, as well as any Site extensions you may have purchased and enabled.
By registering for an account on the Site, or by clicking to accept these Terms and Conditions when prompted on the Site, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the US Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. In addition, you give us permission to provide any records you may be entitled to, such as contracts, account notices and other communications, electronically instead of in paper form.
Account Set Up; Security and Password
In order to access and use our Services, you will be required to register with www.geekseller.com and to set up a user account (your “Account”). We need certain information about you and your business, including an email address, password and the name of an account administrator, to create your Account (collectively, “Account Data”). Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging in to your Account at www.geekseller.com.
You are solely responsible for maintaining the confidentiality of your Account Data and for any and all statements made and acts or omissions that occur through the use of your Account. Therefore, you must take steps to ensure that unauthorized users do not gain access to your Account. If you become aware of any unauthorized access of your Account, or any misuse of your Account Data, you must contact our customer support team to have your Account disabled and/or to have a new temporary password issued as soon as possible.
You also agree that GeekSeller.com may accept instructions and requests from, and communicate with, any person(s) designated as your Account administrator until and unless we receive written notification that such person’s authority is no longer in effect.
As a condition of your use of our Site and Services, you represent that: (i) you are an individual person more than 18 years of age; (ii) if you are creating an account on behalf of a company or other organization, that you have the authority to act on behalf and bind such company, (iii) all information submitted by you to us is complete, true and accurate; (iv) your use of the Website, purchase of or use of any Services provided are solely for business purposes, and your use or purchase is not for personal, family, nor household purposes; (v) you are located in the United States and (vi) your use of this Site will at all times comply with these Terms and Conditions and all applicable laws.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms and Conditions:
If you discover or suspect any violation of the above terms, please use contact our customer support team to tell us about any problems or offensive content so that we can keep our Services and Site working properly. We may limit or terminate any of our Services, remove content, and take technical or legal steps to keep users off our Site that are violating our Terms and Conditions, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
Linking to this Website
You may link to our home page and subpages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Fees And Payment For Services
Creating an account and viewing our Site is generally free for all users. However, for some services, we do charge a percentage of all sales processed using our Services. Additionally, we may charge a flat fee for any selected extensions, marketplaces or functionalities you choose to add on to our basic Services.
For more details about our fees, please visit our Site homepage. The most up-to-date fee information is always displayed on our homepage (www.geekseller.com) and is subject to change anytime. Changes to our fees are also always communicated to current users in advance of any adjustment via both email and as a message displayed on your GeekSeller.com dashboard.
Please note that our fees are non-refundable, even if a purchaser returns or requests a refund for any of your products or goods purchased via any of our partner marketplaces. Fees that are based on product orders apply to each order processed through GeekSeller, regardless each orders’ final status. Further, if your Payment Method fails or your Account is past due, we may collect fees owed using other collection mechanisms.
Some of our Services are billed on a subscription basis (a “Subscription”). This means that you will be billed on a recurring, periodic basis (each period a “Billing Cycle”). Billing Cycles are typically two weeks, one month or one year, depending on what subscription plan you selected. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel your Subscription by contacting our customer support team. While we will be sad to see you go, you may cancel your Subscription at any time, in which case your Subscription will continue until the end of your current Billing Cycle before terminating.
We may change the subscription fee charged for the Services at any time. Any changes will become effective at the end of your then-current Billing Cycle.
We will not prorate or refund any portion of your Subscription fee for any period time you do not use our Services.
In order to use our Services, you must provide information for at least one valid payment method. Our Site makes the following methods of payment available: credit cards, in some cases bank accounts, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).
By providing Payment Method information through the Site, you represent and warrant that:
When you authorize a payment using a Payment Method via the Site, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
You agree you are personally liable to us for all debts incurred by you whether personally or on behalf of a third party, or incurred on your behalf. You represent that if you are using someone else’s Payment Methods to pay fees to us, you are acting as that person or entity’s agent. As their agent you agree to accept these terms on their behalf and legally bind them to this Agreement. If you are acting as the agent for a business entity, you agree as that business entity’s agent, that you and the principals of that business entity will be personally liable for all debts incurred by that business.
Your Limited Right to Use the Site
This Site and all the materials available on the Site are the property of us and/or our Affiliates and are protected by copyright, trademark and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us in writing.
GeekSeller, LLC is a United States based business and we work with only US-based companies. We do not provide any services or collect any data about companies from the European Union or from individuals from EU countries. GeekSeller, LLC does not target EU countries with advertising, nor does GeekSeller operate in the EU market.
If you use any GeekSeller, LLC services (including the main platform, being subscribed to our newsletter, or any other initiative operated by GeekSeller), you acknowledge that you are a US-based business, your company does not have a presence in Europe, and you are either a United States citizen, or you are located in the US.
Company hereby grants you a non-exclusive, non-transferable personal license to access and use the Services at your place of business located in the United States.
You are prohibited from reselling, loaning or otherwise sharing the Services or divulging any related Confidential Information including, but not limited to, Account Data. You further agree not to modify, translate, transform, decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine the source code of the Services or related software, or to permit or authorize a third party to do so.
Title to the Services, and all related software, technical know-how, and all related intellectual property rights are and shall remain the exclusive property of Company. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of, and rights with respect to any, of our software or Services.
You or your customers, partners or associates – whichever may be applicable – are the owner of any data you upload to our Site (collectively, “Your Data”). “Your Data” also includes images of your products or goods, your personal and company information, product information and any customer or sales information.
You further acknowledge and understand that all content included on or made available through any marketplace (such as Amazon, JET, Walmart, eBay, etc.) including text, images, and descriptions is property of that marketplace and any of its subsidiaries or affiliates and that all such content is protected by United States and international copyright laws. If you upload any content or information to GeekSeller.com using any tools we offer, you confirm that you own the rights and/or have legal permission to use such information.
Lastly, you acknowledge and agree that the Internet, by its nature, is international and that GeekSeller.com has your express consent to store, provide access to, transmit and deliver Your Data and other personal or Confidential Information, as well as that of your users(s) and customers, via the Internet which may involve its transmission across multiple jurisdictions or countries.
GeekSeller keeps data about your orders and products for as long as you need it. You can delete your data from the account at any time. We only keep enough data about your business to identify you for tax filing purposes, contact you about alerts about your account, and provide you with customer support.
You may request deletion of your account and the GeekSeller team will complete your request in a reasonable period of time, which can vary based on the amount of data your account contains. Deletion includes all products, orders, refunds, returns and any statistics about your sales and products. GeekSeller cannot delete basic company information or any GeekSeller invoices generated for your account. We are bound by law to keep this information, as it is required for tax preparation and can be requested by the IRS or any other United States law enforcement entity.
You hereby agree that GeekSeller.com is the owner of all data other than Your Data, including any data generated by our system or compiled from information inputted into our Service by any users on an aggregated basis (collectively, “Company Data”). GeekSeller.com may use all of our Company Data in any way we choose (including to improve or adapt our Services), or to create or develop new products and services. For example, Company Data includes statistics concerning the amount of sales per day across the accounts of all our customers, which we use to determine our server capacity and speed needs.
3rd party systems we use.
- Payments: braintreepayments.com
- Storage and hosting: Digitalocean.com and AWS.Amazom.com
- Domain names registrar: Godaddy
- SSL Certificate: namecheap.com
- Email communication: Gmail and Zendesk
- Email distribution: Sendgrid
- Chat: Zopim.com
- Analytics: Google Analytics
You acknowledge and agree that, as between you and Company, you are responsible for compliance with all federal, state or other applicable laws governing the use of our Services. You also agree to comply with Company’s policies and rules for use of the Services, as made available to you.
You are responsible for all Your Data and you agree to comply with all applicable legal requirements for the sale, transfer and transport of any products, goods or items, including, but not limited to, statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales, auctions or transfer of any product (including firearms, ammunition, gun powder, or any other regulated item), including export or import control regulations, taxes, duties or tariffs (collectively, “Legal Requirements”) governing the requirements for the sale, transfer and shipping of such items. GeekSeller.com is not responsible for your products, nor are we liable for any legal actions that may result from the sale of your products.
Intellectual Property Ownership
All the content on the Site (illustrations, texts, names, service names, images, videos, etc.) is the property of Company or our Affiliates. Any partial or total reproduction of this content, by any means, is subject to prior and express written authorization by Company. All materials, information, and content offered by our Services is protected by United States law concerning intellectual property ownership and copyright. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party constitutes a criminal offence, which is severely punished under applicable law. All rights not expressly granted to you, are reserved for us.
We will not, under any circumstances, be held responsible if you or any other user violates rights held by you, any other user or any third party through activities on our Site or through the use of our Services.
“Confidential Information” shall include, but is not necessarily limited to, (i) non-public financial information concerning either party; (ii) information concerning any user’s products or goods (both current, past and planned); and (iii) any information designated as confidential in writing at or prior to disclosure.
You agree to use good faith efforts and, at least the same care that you use to protect your own Confidential Information of like importance, but in no event no less than reasonable care, to prevent unauthorized dissemination or disclosure of Company’s or any user’s Confidential Information both during and after the term of this Agreement. In addition, your shall use Company’s or another user’s Confidential Information solely as necessary for the performance of this Agreement and use of the Services as indented by Company.
The restrictions in this section “Confidentiality” shall not apply to information which:
Unauthorized Use of Materials
We respect the intellectual property of others and we ask you to do the same. If you, or any user of our Site, believes its copyright, trademark or other property rights have been infringed by any content on this Site, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
633 W. Davis Street
Dallas, TX 75208
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
BUT FOR YOUR ACCEPTANCE OF THE FOLLOWING DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION CLAUSES WE WOULD NOT AGREE TO PROVIDE YOU THE SERVICES. THESE CLAUSES ARE MATERIAL TO THIS AGREEMENT AND REPRESENT AN APPORTIONMENT OF RISK BETWEEN TWO BUSINESS PARTIES.
Disclaimer of Warranties
ALL MATERIALS, CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF THE QUALITY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, AND OUR AFFILIATES MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, CONTENT OR SERVICES ON THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS, CONTENT OR SERVICES.
THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH ACTIVITIES.
WE AND OUR AFFILIATES MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
WE AND OUR AFFILIATES SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR INJURY TO ANY PERSON OR PROPERTY WHATSOEVER RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE OR FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR RELATING TO THE SERVICES OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
FURTHER, WE AND OUR AFFILIATES SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Notwithstanding the above, if we and/or our Affiliates are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total fees you have paid to us in the twelve (12) months prior to the action giving rise to liability.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Changes to the Terms of Service and the Site
Company’s Site is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Site and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Site following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity is grounds for terminating our relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use our Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
If termination is due to your failure to renew your Subscription on a timely basis, you may reactivate your Account and access your Account Data if you renew your Subscription with GeekSeller.com. To do so, you may have to pay any unpaid Subscription fees or other charges imposed by GeekSeller.com, including reactivation fees (if any). Failure to pay reactivation fees may result in your Account being permanently deleted and removed from our system (including all data about your products, orders, etc.).
Each party acknowledges that the Services are unique property, and that the unauthorized use or disclosure thereof shall cause Company irreparable harm that could not be adequately compensated by monetary damages. Accordingly, in addition to any other remedies available to it at law or in equity, Company will be entitled to injunctive relief to enforce the terms of this Agreement, including to prevent any actual or threatened unauthorized use or disclosure of Confidential Information or the Services.
Feedback and Comments
We welcome any comments, questions and communications at email@example.com.
This Site (excluding any linked sites) is controlled by us from our offices within Texas, USA. By accessing this Site, you agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and our Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Texas with respect to such matters.
Even though this Site may be accessible worldwide, we make no representation that content on this Site is appropriate or available for use in locations outside the United States, and accessing the Site from territories where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, content and/or information made in connection with this Site is void where prohibited.
This Agreement constitutes the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter.
Terms and Conditions Prevail
To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence prevail.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Company, 633 W. Davis Street, Suite 1022, Dallas, TX 75208 if by conventional mail. Notices to you will be sent to the email address associated with your account, and will be deemed effective when sent.
Neither party shall be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including but not limited to acts of God, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, Internet failure, transportation facilities shortages, fuel or materials or for failures of equipment, telecommunications facilities or third party software programs.
If any term or condition hereof is found by a court or administrative agency to be invalid or unenforceable, the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.
The failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. A party’s remedies set forth herein are not exclusive and are in addition to any and all other remedies available at law or in equity, none of which shall be deemed as waived by virtue of a party’s exercise of any other remedy.
Relationship of the Parties
The relationship of the parties will be that of independent contractors. Neither of the parties will have, and will not represent that it has, any power to bind the other or to create any obligation on behalf of the other. Nothing stated in this Agreement shall be construed as constituting or as creating the relationships of employer/employee, fiduciary, principal/agent, partnership, joint venture or representative of the other.
Modifications or Amendments
This Agreement and the Services provided may only be amended, or modified by a written instrument executed by an authorized representative of the party against whom the amendment or modification is to be enforced.