LEGACY SELLER PLATFORM TERMS OF USE

Our Amazon Seller Terms of Use Policies: Our Commitment to You

At Legacy Seller, we help our clients achieve exceptional Amazon seller growth. Our terms of use policy reinforces our commitment to quality work and protects the rights of you and our team!

The Foundation of a Lasting Partnership

We seek to create long-lasting partnerships built on trust and transparency. That is why we created our comprehensive terms and conditions agreement, outlining what you can expect from us and our limitations. These terms of service are designed to help protect you and your business while allowing us to provide the best service possible.

Grow Your Amazon Business Without Fear

Our number one mission is to help you grow your Amazon business through innovative services. These services are designed to help you capture more revenue and gain more visibility on the platform while adhering to Amazon’s stringent guidelines. Enjoy peace of mind, knowing that we only use methods approved by Amazon, so your account is never in danger of being deactivated. Check out our terms of use today to find out how we support safe, Amazon seller growth!

1. Introduction

Welcome to the Terms of Use for Legacy Seller. This is an agreement (“Agreement” or “Terms”) between AMZN Expand LLC (“Legacy Seller”), the owner and operator of the www.legacyseller.com website and any associated services offered (collectively the “Platform”) and you (“you,” “your,” or “user(s)”), a user of the Platform. These Terms govern all relating to the Platform including your use and access, customer support, interactive areas or services, mobile applications, or any other related documentation. Throughout this Agreement, the words “Legacy Seller,” “us,” “we,” and “our,” refer to our company, Legacy Seller, as is appropriate in the context of the use of the words.

By clicking “I agree,” accessing, or using the Platform, you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Use or the Privacy Policy and may notify you when we do so. If you do not agree to the Terms of Use or the Privacy Policy, please cease using our Platform immediately. We reserve the right to modify, update, or remove the Platform at any time for security, IP, legal reasons, or other reasons at our discretion, and we are not required to explain such modifications.

This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and Legacy Seller.

2. User Guidelines

a. Information and Accounts

Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18. If you are not 18, you must cease from using this Platform immediately. Users may only register for one account per user. If you create additional accounts, both accounts will be shut down immediately. We reserve the right to verify all user credentials and to reject any users at any time and for any reason. You are entirely responsible for maintaining the confidentiality and security of your authentication credentials and account and for any and all activities that occur under your account. You agree to notify Legacy Seller immediately should you become aware of any unauthorized use of your account or any other breach of security. Legacy Seller will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf and that you are authorized by your company to incur financial obligations and enter into legally binding agreements on behalf of your company.

b. Obligations

You agree that you will promptly cooperate and provide us with access, codes, data, documents, content, art, and any other information needed to provide services to you. Failure to cooperate or assist us may prevent the completion of any services offered, whereby you agree we will not issue refunds in such scenarios.

c. Proper Uses

When using our Platform, you are responsible for any use of Legacy Seller made using your account. You further agree that you may not:

  • copy, distribute, or disclose any part of the Platform in any medium, including any automated or non-automated “scraping”;
  • attempt to interfere with, disrupt, or compromise the integrity or security of the system, or decipher any transmissions to or from the servers running the Platform, or take any action that may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data or use automated bots or other software to send more messages through our Platform than humanly possible;
  • share your license or access with any other party;
  • use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, create derivative works or improvements to the Platform or any portion of it;
  • access our Platform in an attempt to build a competitive product, directly or indirectly, or sell, lease, loan, distribute, transfer, or sublicense the Platform, or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
  • use the Platform to store or transmit any sensitive data, such as from a health, medical or financial perspective;
  • collect or harvest any personally identifiable information, including account names, from the Platform or violate or infringe other people’s  intellectual property (“IP”), privacy, or other contractual rights while using our Platform;
  • use the Platform for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing, or impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • violate any requirements, procedures, policies or regulations of networks connected to Legacy Seller;
  • violate any law or regulation, and you solely are responsible for such violations;
  • hold Legacy Seller responsible for your use of our Platform; and
  • cause or aid in the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

2.1 Audio files,Video Files, Electronic Documents.

You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content, if any of your Content is found to be in violation of these Terms. We do not review all Content uploaded to the Platform.

When you upload Content to the Platform, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license to use, reproduce, publicly display, distribute, modify publicly perform, and translate the Content.

2.2 Sharing Your Content.

(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

(B) Level of Access
. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or sharing your Content.

(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, by other users, or by us.

2.3 Termination of License.

You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. However, some copies of your Content may be retained as part of our routine backups.

2.3 Feedback.

You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us; however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

3. Intellectual Property.

a. Rights Definitions 

The name “Legacy Seller,” www.legacyseller.com, the Legacy Seller Platform along with the design of the Legacy Seller Platform and any text, writings, images, templates, scripts, graphics, interactive features, audio files, video files, electronic documents. and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Legacy Seller, subject to copyright and other IP rights under US and foreign laws and international conventions. Legacy Seller reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.

b. Access and License Grant to You

After registering and covering relevant financial duties, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and use our services. Such license is to be used exclusively for the purpose granted and is non-sublicensable, and non-transferable  

All rights not explicitly granted are reserved for us.  If you breach any of our usage guidelines herein, or harm us or our business interests, we may revoke your license or access to our Platform solely at our discretion.  Failure by us to take any such or similar action does not constitute a waiver of such right.

c. Copyright 

If you believe your copyright has been infringed, provide us with:

  • Your name and name of the copyright owner, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A notarized statement, that you swear under penalty of perjury, that you have a good faith belief that use of the work is not: authorized by someone with the right to authorize such and not otherwise allowed by law, the information in the notification is accurate, and that you have the legal right to bring infringement proceedings.

E-mail it to copyright@legacyseller.com or mail it to us at: 

Counter Notice

If you receive a notification from us stating your content was subject to a DMCA takedown, you may respond with a counter notice under the DMCA.  Your counter notice must contain:

  • Your name, address, email and signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that material was removed erroneously or by misidentification.
  • Your consent to the jurisdiction of a federal court. If outside of the US, your consent to the jurisdiction of a federal court where your internet service provider is located.
  • Your consent to accept service of process from the party who submitted the takedown notice.

We may not respond unless you follow the terms of the above. 

d. User Content

Your ability to submit or transmit any information through the Platform, including data, images, information, references, or any other information will be referred to as “User Content” or “UC” throughout these Terms. 

We are not required to host, display, migrate, or distribute any of your UC, and we may refuse to accept or transmit any UC.   You agree you are solely responsible for any UC submitted and release us from any liability associated with any UC submitted.  We provide industry standard security for our Platform, but we cannot guarantee the absolute safety and security of any such UC.  Any UC found to be in violation of these Terms or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any UC, you represent and warrant that you own all rights and have permission to use the UC, such UC is legal and does not interfere with third-party rights or obligations.  When you submit any UC to us, you grant us, our partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, worldwide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your UC to provide you any services associated with the Platform. Moreover, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our Platform.

You may see other UC that you find offensive or upsetting. Your sole remedy is to stop viewing the content. You may report it to us and if we deem it necessary, we will react accordingly.

e. Idea Submission

Legacy Seller or any of its employees do not accept or consider unsolicited ideas, including processes, technologies, product enhancements, or product names. If, despite our request you send anyway, you agree that: (1) your Submissions and contents automatically become our property, without compensation to you; (2) We may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Legacy Seller to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

4. Payments

a. Requirements

When required, you agree to pay for all costs, fees, and taxes listed. You authorized us or our third party processors, including agreeing to their terms, to charge their method of payment at time of purchase. All information you provide in connection with a purchase or transaction must be accurate, complete and current.   Where you fail to pay or payments are overdue, we may remove your access to the platform in such capacity.You agree to pay any and all applicable taxes for your use and purchase of the services.  Further, upon our request, you agree to provide us with tax documentation to support any claims of on-time tax payment.

b. Subscription Plans

Some services we offer may be paid on a recurring monthly basis (“Paid Subscription”). If you choose Paid Subscriptions, your payment data shall be logged and you will be charged recurrently. YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT AT THE EXPIRATION OF YOUR INITIAL PAID SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR THE SAME PERIOD AS YOUR INITIAL SUBSCRIPTION UNTIL YOU NOTIFY US OTHERWISE.YOU AGREE THAT ADDITIONAL CONSENT IS NOT REQUIRED TO CHARGE YOUR PAYMENT METHOD.  If you wish to cancel, please let us know. Upon cancellation, portions of the Platform may become immediately inaccessible. Where your Subscription was canceled or expired, we have no liability for any deleted, inaccessible, modified, or removed Content.

c. Pricing and Price Increases

Pricing for any services is listed on the Platform. We may increase the price of any services, at our discretion and reserve the right to do so at any time. In the event of a price increase, we will notify you via email and you will have the chance to notify us to reject such increase; however, at that point, you may not be able to access the Platform. You agree that we have no duty to offer any services or Paid Subscriptions for the price originally offered to you at sign up.

d. Refunds

Unlike most services companies, we offer a 30-Day Satisfaction Guarantee!  To receive a refund, please let us know your concern within 30 days of receiving your order report. Upon receipt of your concern, we will communicate with you to understand your concerns and assist in rectifying any dissatisfaction caused by our services. Please note, with our PPC Management service: while our satisfaction guarantee applies to the management fee, we are unable to offer refunds for any ad spend paid to Amazon. Once ad spend payments are made to Amazon, they are final.

5. Deliverables

Platform users may be entitled to receive press releases, blog posts, or other creative content (collectively “Deliverables”) after purchase. Contingent on complete and timely payment, Legacy Seller shall assign to user all right, title, and ownership interest to any Deliverables purchased by the user. Where user failed to pay on time, we reserve the right to withhold or demand return of any Deliverable. Unused Deliverables will expire after 1 year.

6. Liability Waiver

a. Disclaimer

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM OR INFORMATION PROVIDED THEREIN; (2) THE SERVICES; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF DATA TO USE, OR VIA THE PLATFORM. FURTHER, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LEGACY SELLER SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

When you decide to use any of our services, you agree that we make no guarantees including reimbursements, case writing, or profits.  You understand that the services offered may vary, cause negative impacts, or otherwise be erroneous.  An increase in reimbursements, business, or any benefits are neither implied nor guaranteed.  Due to the nature of our services, you agree, we:

  • are not responsible for any changes to a user’s Amazon account using our services.
  • have no control over Amazon policies as it may impact any of our offerings herein.
  • cannot and do not guarantee any position changes relating to reimbursements.
  • make no representations as to profits or increased business relating to using the service. 
  • have no control over any actions or inaction by Amazon.
  • cannot guarantee that information will not be inaccurate, unsubstantiated, or incorrect and we will not be held accountable should that be the case. 

You agree to hold us harmless from potential liability we may have relating to your Platform use.

Some of our services may list estimated dates and timelines for delivery or completion (“Estimated Dates”).  These Estimated Dates are merely good faith estimates and are non-binding in nature. We reserve the right to modify, alter, or extend any Estimated Dates at our discretion. We are not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Platform.  

We reserve the right to automatically approve all types of orders waiting for client approval. Automatic approvals will vary with the product but will only occur after 10 days of inactivity with the order in question. Oral or written statements made by any agents, employees, or contractors of Legacy Seller regarding any Estimated Dates are non-binding and do not alter any contractual agreements between Legacy Seller and any users.

Though we try to always be available to you, we do not guarantee the Platform will always be available, work, or be accessible at any particular time.  We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

b. Limitation of Liability

NEVER SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES ON THE PLATFORM; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, DUE TO YOUR ACCESS TO AND USE OF OUR PLATFORM, INCLUDING THE SERVICES; (3) ANY INTERRUPTION, ERRORS, OMISSIONS, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY; (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL; OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY IP OWNERS. SAID LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY AND OTHER LEGAL RIGHTS MAY VARY BY STATE. We do not disclaim liability for: (1) death or personal injury caused by our negligence; (2)  misrepresentation; or (3) any liability which is not lawful to exclude either now or IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID IN THE PAST 6 MONTHS TO USE OUR PLATFORM, INCLUDING OUR SERVICES.

c. Indemnity

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your:

  •  use of and access to the Platform including any services;
  • violation of any term of this Agreement;
  • interactions with any other uses or third parties; or
  • violation of any third-party right, including any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement. You have a duty to defend us against such claims and pay our selected attorneys’ fees, court costs, and disbursements.  If  party(ies) make the claim, you are liable for the damages as though we had proceeded with a trial.

7. Dispute Resolution

a. Choice of Law

This Agreement shall be governed by the laws in force in the state of Florida. The offer and acceptance of this contract is deemed to have occurred in the state of Florida.

b. Disputes

Any dispute relating to this Platform shall be submitted to confidential arbitration in the closest venue possible to Nanuet, NY. Arbitration shall be governed by the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. 

Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules. Arbitrator’s award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for his/her own arbitration fees and costs. To the extent permitted by law, arbitration should not be conducted between us and multiple parties. Where allowed, we may make any and all appearances telephonically or electronically. 

Any claim or cause of action arising from or related to the use of the Platform or this Agreement must be filed within one (1) year after such claim or when cause of action arose or be forever banned. If the law does not permit said dispute to be resolved via arbitration or if this clause is unenforceable, disputes must be brought solely in a court located in Rockland County, NY.

c. Class Action Waiver

You agree that any proceedings to resolve or litigate any dispute, whether in court or through arbitration, shall be solely conducted on an individual basis.  You agree not to have the dispute heard as a class action, representative action, collective action, or private attorney general action.

 

8. General

a. Severability

If a provision herein is found to be unlawful, conflicting with another provision herein, or otherwise unenforceable, Agreement will remain in force. If multiple provisions herein or another agreement you may have with us are deemed to conflict, we have the sole right to determine what rights remain.

b. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

c. Assignment and Survival

You may not assign your rights or obligations herein without our prior written consent. We may assign our rights or obligations hereunder at our discretion. All portions herein that would reasonably be believed to survive termination shall remain in full force upon termination, including Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.

d. Termination

Upon termination, access to portions of our Platform may become immediately disabled.  We may terminate this Agreement if we determine that: (1) you violated any applicable laws while using our Platform; (2) you violated this Agreement; or (3) if we believe that your actions may legally harm us or our business interests, at our sole discretion.

e. Entire Agreement

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

9. Electronic Communications

The communications between us use electronic means, including when we post notices on the Platform. For contractual purposes, you (1) consent to such communication forms; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

10. California Users

Under Cal Civ Code Sec 1789.3, any questions about pricing, complaints, or inquiries about Legacy Seller must be sent to info@legacyseller.com. Lastly, California users are also entitled to the following specific consumer rights notice: Complaint Assistance Unit of Division of Consumer Services of California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.