PLEASE READ THE FOLLOWING CAREFULLY. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT SIGN UP FOR THE BRANDLOX SERVICE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE BRANDLOX SERVICE OR WEBSITE.
No Attorney-Client Relationship. Brandlox, LLC is not a law firm, nor does Brandlox provide legal advice. Brandlox offers a subscription to use proprietary software that allows you to efficiently monitor your brand’s product listings on Amazon.com (“Brandlox Service”), subject to the restrictions herein. No attorney-client relationship is formed by use of the Brandlox Service or by any other communications with, or services offered by, Brandlox, LLC.
Use of Service. By using the Brandlox service, you agree to be bound by these Terms and Conditions of Service (“Terms”). Brandlox, LLC reserves the right, at any time, to modify, amend, alter, or update these Terms. You agree to be bound by such modifications, amendments, alterations, or updates. We encourage you to visit this page periodically to review our most current Terms.
Cancel At Any Time. You may cancel the Brandlox Service at any time, for any reason or no reason. Brandlox, LLC may discontinue offering the Brandlox Service or any other service to you at any time, for any reason or no reason.
No Use While Driving. You agree that you will not use the Brandlox Service or make use of the Brandlox system, website, or other service on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
No Amazon Affiliation. It is acknowledged that Brandlox, LLC and the Brandlox Service are not affiliated with Amazon.com, Inc. or its affiliates.
No IP Rights Transfer. By enrolling in the Brandlox Service, you receive a revocable subscription that allows you to use Brandlox’s proprietary brand-monitoring software. This subscription does not confer any intellectual property right upon you and may be revoked at any time at the sole discretion of Brandlox, LLC.
No License or Access to Third Parties. You agree that you will not license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Brandlox Service available for access by third parties.
Non-Disclosure and Non-Reverse-Engineer . You acknowledge that the Brandlox Service and Brandlox, LLC’s proprietary software is confidential, proprietary and of the highest value to Brandlox, LLC. By enrolling in the Brandlox Service, you agree that you will use the software only for its intended purpose and that you will not disclose the Brandlox Service, software, or concept to any third parties. You warrant that you will not use the Brandlox Service for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Brandlox Service, or allow access to the Brandlox Service by any third-party for the purpose of developing or operating products or services intended to be in competition with the Brandlox Service. You further agree that you will not use the Brandlox Service or software in a manner directly or indirectly detrimental or adverse to the best interests of Brandlox, LLC, or for any purpose other than the intended use of the software. You specifically acknowledge that you will not attempt to reverse-engineer or otherwise recreate the software, nor cause any third party to attempt to reverse-engineer the software, nor allow any third party to attempt to reverse-engineer the software. Your employees, agents, and formal business associates are subject to these Terms, and you agree to be held accountable for the acts of your employees, agents, and associates.
Proper Use. You warrant that you have proprietary rights in the brands for all Amazon Standard Identification Numbers (ASINs) that you choose to monitor through the Brandlox system. You warrant that you will not use the Brandlox Service for any improper purpose, including the harassment of third parties who are properly listing on an ASIN. You warrant that you will only send Cease and Desist letters to third parties whom you have a bona fide and accurate belief that are violating your properly-owned intellectual property. You warrant that you will not use the Brandlox Service in a way that violates or infringes upon the rights of a third party, including those pertaining to contract, intellectual property, privacy or publicity. You agree that you will hold harmless, indemnify and defend Brandlox, LLC from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities (including but not limited to any legal or other professional fees) resulting from your breach of any warranty in this paragraph or improper use of the Brandlox Service.
Subscription Plan. The prices, features, and options of the Brandlox Service depend on the subscription plan you select as well as any changes instigated by you. Brandlox, LLC does not warrant that a particular subscription plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular subscription plan without notice.
No Refunds. You will timely pay Brandlox, LLC all fees associated with your subscription plan, account or use of the Brandlox Service. Your payments are non-refundable. Charges for pre-paid subscription plans will be billed to you in advance.
Recurring Charges. When you purchase a subscription plan, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly notify us of any change in your invoicing address and must update your account with any changes related to your payment method. BY COMPLETING YOUR REGISTRATION FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE BRANDLOX, LLC OR ITS AGENT TO CHARGE YOUR PAYMENT METHOD ON A RECURRING (E.G. MONTHLY) BASIS (“AUTHORIZATION”) FOR (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE BRANDLOX SERVICES.
Late Fees & Collection Costs. If Brandlox, LLC does not receive payment
from your payment method, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject
to finance charges equal to 1.5% of the unpaid balance per month or the highest
rate permitted by applicable law, whichever is less, determined and compounded
daily from the date due until the date paid.
You will reimburse any costs or expenses (including, but not limited to,
reasonable attorneys’ fees) incurred by Brandlox, LLC to collect any amount
that is not paid when due. Brandlox, LLC
may accept payment in any amount without prejudice to Brandlox, LLC’s right to
recover the balance of the amount due or to pursue any other right or remedy.
Amounts due to Brandlox, LLC may not be withheld or offset by you for any
reason against amounts due or asserted to be due to you from Brandlox, LLC.
Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on brandlox.com or used in conjunction with the Brandlox Service are protected as the copyrights, trade dress, trademarks, trade secrets and/or other intellectual properties owned by Brandlox, LLC. The Content of this website is copyrighted and any unauthorized use of the Content of this website may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms.
Additionally, Brandlox, LLC’s software, content, and name are protected by
various intellectual property laws, including trade secrets, copyright and
trademark. Printing or reproducing copyright-protected materials or content,
whether the reproductions are sold or furnished free for use, including
reproduction of test items, scales, scoring mechanisms, manuals, or other
“Brandlox,” “Brandlox.com” and various logos and other identifiers are all either trademarks pending registration and/or common law marks of Brandlox, LLC in the United States and foreign countries.
Use of Content. As long as you remain a customer of Brandlox, LLC, you may use the materials at this website under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the website (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Brandlox, LLC. For purposes of these Terms, any use of this Content on any other website or networked computer environment for any purpose without Brandlox, LLC’s written consent is prohibited.
Disclaimer. THE MATERIALS AND SERVICES PROVIDED BY BRANDLOX,
LLC ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
BRANDLOX, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE BRANDLOX SERVICE.
BRANDLOX, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. WHILE BRANDLOX, LLC MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BRANDLOX. BRANDLOX UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRANDLOX WEBSITE OR USE OF THE BRANDLOX SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE BRANDLOX SERVICE.
Limitation of Liability. IN NO EVENT WILL BRANDLOX, LLC BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE BRANDLOX SERVICE OR THE BRANDLOX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE BRANDLOX SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
NOTWITHSTANDING THE FOREGOING, BRANDLOX, LLC’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE BRANDLOX SERVICE OR ANY OTHER SERVICES THAT MAY BE PROVIDED BY BRANDLOX, LLC SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO BRANDLOX, LLC IN THE PREVIOUS SIX-MONTH PERIOD.
Indemnification upon Breach of Terms
To the extent permitted by law, you agree to hold harmless,
indemnify and defend Brandlox, LLC from and against any and all claims,
charges, demands, damages, liabilities, losses, expenses, and liabilities of
whatever nature and howsoever arising (including but not limited to any legal
or other professional fees and the costs of defending or prosecuting any claim
and any loss of profit, goodwill, and any other direct or consequential loss)
incurred or suffered by Brandlox, LLC directly or indirectly by reason of any
act or omission that you commit in breach of these Terms and/or the obligations
and warranties contained in them.
Applicable Laws. These Terms and any disputes related to the Brandlox Service shall be governed by the internal substantive laws of the State of California. By using the Brandlox Service, and therefore agreeing to these Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of California. In addition, you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive any right to pursue any action, suit or proceeding arising in connection with, or relating to, these Terms in any jurisdiction other than the Federal and State courts of the State of California.
Waiver. Brandlox, LLC’s failure to enforce any part of these Terms shall not constitute a waiver of any of Brandlox, LLC’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by Brandlox, LLC nor the reliance of any person on Brandlox, LLC’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Brandlox, LLC will constitute a legal waiver.
Severability. If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Acceptance of Terms. By your use the Brandlox Service or your signing up for a Brandlox account, you acknowledge you have read, understood, and agree to be bound by these Terms. You agree that these Terms supersede any previously discussed terms. You represent you have the legal authority to accept these Terms on behalf of yourself and/or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SIGN UP FOR THE BRANDLOX SERVICE.
Terms and Conditions of Service last updated April 10, 2017