SellerSoftware.org User Agreement SellerSoftware.org and its subsidiaries and affiliates (“the Software Product”) provide the services on SellerSoftware.org websites to you subject to your express agreement to follow terms and policies and any other terms and policies available by hyperlinks (the “Agreement”). This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. SellerSoftware.org or its subsidiaries, affiliates, and suppliers (collectively "SellerSoftware") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to log-in, use online, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this Agreement. By using SellerSoftware.org services, you are agreeing to the terms and policies of the Agreement that is effective at the time the service is used. SellerSoftware.org may change or modify the Agreement at any time at its discretion, without prior notice to you. Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "CREATE MY FREE WEB SERVICE" OPTION OR DOWNLOADING OR SIGN THIS AGREEMENT OR LOG-IN THE SOFTWARE PRODUCT OR BY INSTALLING, OR USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO LOG IN OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, LOG IN OR COPY THE SOFTWARE PRODUCT License Grant This Agreement entitles you to install and use the Software Product online on this agreement. This Agreement does not permit the installation or use of multiple subscriptions of the Software Product. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. Restrictions on Transfer Without first obtaining the express written consent of SellerSoftware, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. Restrictions on Use You may not permit the use, copying, or installation of the Software Product by more than one company. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You must not hack the system to discover the source of online service. You must not copy or manipulate any source, html or other web scripts. Restrictions on Alteration You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive. Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SELLERSOFTWARE, SELLERSOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT. THIS SITE IS SERVICED BY SELLERSOFTWARE ON AN "AS IS" BASIS. SELLERSOFTWARE MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. SELLERSOFTWARE MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE ONLINE SERVICE AND THE SOFTWARE PRODUCT SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE ONLINE SERVICE AND SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SELLERSOFTWARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL SELLERSOFTWARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SOFTWARE VENDORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SELLERSOFTWARE OR ANY OTHER PARTY, EVEN IF SELLERSOFTWARE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SELLERSOFTWARE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. Limitation of Remedies and Damages No warranties cover defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by SellerSoftware to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold SellerSoftware harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions. Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of SellerSoftware. SellerSoftware reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If SellerSoftware is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be terminated from this web service. Final Checklist for End User License Agreement Licensor: SellerSoftware Software Product: SellerSoftware Web Service or any other online service under SellerSoftware, its subsidiaries, and affiliates Make It Legal This Agreement might request signatures offline and it doesn't require online. Fee Schedule There will be no item creation limit and eBay listing limit during first 30 Days of subscription. After 30 days, SellerSoftware might limit the number of item creation, Amazon items and eBay listing depends on the usage of each user. SellerSoftware has rights to charge monthly fees, setup fees, membership fees, and transaction fees on certain services. SellerSoftware has rights to change or alter any and all fees any time with a 30 day notice. Copies You should retain a copy of the Agreement for your records. When to Consult a Lawyer * A lawyer should be consulted regarding any unique issues not addressed by this program. Reasons to Update * Provide any change in the identity of the user. * Provide updated contact information. * Provide new information to reflect changes in warranty conditions. Other Terms and Conditions * If your software is distributed over the Worldwide Web, you should require the licensee to accept the End User License Agreement before a copy may be downloaded. SellerSoftware reserves the right to monitor, cancel or void any transaction. SellerSoftware also reserves the right to refuse service to anyone for any reason, further reserves the right to terminate accounts in its sole discretion without prior notice given to you. You have to timely pay all fees that are charged according to our Fee Schedule, which may change as deem necessary by SellerSoftware. Unless otherwise noted, all fees are in U.S. dollars. Failure to pay fees on time may result in additional charges, suspension or cancellation of account, or actions taken by collection agency. You will not utilize SellerSoftware services for inappropriate purposes, such as soliciting SellerSoftware users to engage in transactions outside of SellerSoftware, obtaining personal information for the purpose other than completing the transaction, harvesting or collecting personal information, posting offensive contents, infringing on other people's copyrights, or engaging in illegal activities. You will use your best judgment to list your items under appropriate category. You must not list or sell any illegal products, adult items, prohibited items by U.S. laws and animal parts. Any violation of listing items will be subject to terminate the service without notice. You cannot hold SellerSoftware responsible for other user's actions or inaction, offensive conducts or listings, and release SellerSoftware of all liability from other user's conduct. When you use SellerSoftware services, you must respect other people's ownership, copyrights and trademark rights. You are strictly prohibited from using copyrighted materials or trademarks without the prior authorization from the respective owner. Your authorized use of the copyrighted materials or trademarks on our websites grant us the content license to publish the same on our websites royalties-free. You must have the full ownership right to the items that you list for sale. You must agree that SellerSoftware and its branches can use any contents, pictures and descriptions of your own copyrighted materials without your consents anytime. You shall defend, indemnify and hold SellerSoftware harmless from and against any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and character suffered or incurred by or asserted or imposed against it and resulting from, connected with, or growing out of your action in any way connected to the use of SellerSoftware services. You take full responsibility for, but not limited to, applicable taxes, refunds, password security, accurate description of the items, compliance with any applicable law, and fulfillment of agreements with SellerSoftware and other users. Content Copyright All content and software used on this site is the property of SellerSoftware and its branches and protected by US and international copyrights. The content and software used on this site must be used as a selling management resource only. Any misuse including the distribution, display, republication, reproduction and manipulation is prohibited. Use of This Site SellerSoftware and its affiliates have rights to terminate service, revoke accounts, refuse service and/or cancel orders in its discretion without warning and limitation if SellerSoftware and its affiliates believe that users and clients violates terms and conditions of SellerSoftware and its affiliates service and laws. SellerSoftware has rights to terminate service, revoke accounts, refuse service and/or cancel orders if SellerSoftware believes that customer usage is not beneficial for SellerSoftware and its affiliates or is harmful to the interests of SellerSoftware and its affiliates. Copyright Infringement If SellerSoftware receives any complaint or notice regarding intellectual property infringement, SellerSoftware can stop service and/or terminate service without a prior warning until any infringement issue is compromised or solved. SellerSoftware is only service program based on software. SellerSoftware doesn’t have any specialty to determine the originality of pictures, descriptions and copyrights. Any infringement issue must be solved between involved parties. Links to Third Party Sites The SellerSoftware contain some links to other Web Sites ("Linked Sites"). SellerSoftware does not have any control for the Linked Sites and SellerSoftware is not responsible for contents and service of Linked Sites including with no limitation any link, changes, contents, changes to a Linked Site. Using materials submitted by customers SellerSoftware and its affiliates are granted permission to use any materials uploaded or submitted by customers. The permitted materials include pictures, prices, contents, descriptions, specifications, marketing materials, selling and buying behaviors, suggestions and feedbacks. There will be no compensation to use any materials by SellerSoftware and its affiliates. Governing Law, Jurisdiction and Costs In any dispute or claim you have against SellerSoftware, you must first attempt in good faith to meet and confer and resolve the dispute or claim in question by submitting your claim in writing. If the dispute or claim in question is not resolved within sixty ( 60 ) days following the date the attempt to meet and confer to settle such dispute or claim was initiated, such dispute or claim shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") or Judicial Arbitration And Mediation Services, Inc. ("JAMS") in Los Angeles County, California. This election between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to arbitration may agree in writing to choose different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9, of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered into in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with the California Code of Civil Procedure, Section 1283.05. The use of SellerSoftware services shall be governed by and construed in accordance with the laws of the State of California. Under certain circumstances that the arbitration clause does not apply, the parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Central District of the Los Angeles County Superior Court or in the Western Division of the United States District Court in the Central District of the State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than those specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Los Angeles, State of California as stated above shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. rev. 9/14/2011