Super X URL Terms of Service
This agreement was last updated on July 26, 2017.
The following terms and conditions govern all use of the Super X URL website and all content, services and products available at, or through, the website, including, but not limited to, the URL and data-linking service for Amazon.com. The services offered is subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this site by Kibly (collectively, the “Agreement”).
Please Read Carefully Before Using This Website or Accessing and/or Using the Services: The following terms of service (“Terms of Service”) govern your use of our website (the “Site”) and the SXURL web-based software, application integration, URL and data linking service accessed through the Site (“Service”), both of which are owned and operated by Kibly LLC (“Kibly” “SXURL” “us” “our” “we”).
SXURL and Kibly (collectively referred to as “SXURL”) reserves the right to modify the Terms of Service at any time in its sole discretion, and without any prior notice to you. Any continued use of the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Service. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms of Service for a company, you represent to us that you have legal authority to bind that entity.
Description of Service
The Service is for third-party Amazon.com (“Amazon”) sellers. The Service provides URL linking code to prospective and/or current Amazon.com sellers to help improve the search ranking and search results of your product on the Amazon website. At your option, you can provide to others the SXURL generated link to your product(s) page on Amazon.
Use of Service and Intellectual Property
SXURL is a service for third-party Amazon Sellers. In order to access and use the features of the Service, you are required to sign up for the Service. When you sign up, you agree to provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon signing up for the Service, and subject to all of the terms and conditions of this Terms of Service, SXURL hereby grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Service, solely for your own purposes, until such time as either you or SXURL elect to terminate such right in accordance with the Terms of Service, and as long as you meet any applicable payment obligations.
Under this license, you may not attempt to decompile or reverse engineer any software contained on SXURL’s site or API, access or use the site or Services in order to build a similar or competitive service. This license shall automatically terminate if you violate any of these restrictions and may be terminated by SXURL at any time.
The Service is protected by copyright, trade secret, and other intellectual property laws. All logos, domain names, website content, video content, materials, and other intellectual property that entail our Service are the exclusive property of SXURL. You agree that you will not copy, imitate, modify, alter, amend or use any of the intellectual property. You will not attempt to download, upload, copy, remaster, remake, reproduce and/or reverse-engineer the Service for any reason.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Service, as well as for obtaining and maintaining all telephone, internet, computer hardware, and other equipment required for such access and use.
Passwords and Account Access
Upon registration of the Service, you will provide SXURL with a password to access your account. You are responsible at all times for maintaining the confidentiality of your password. You agree to immediately notify SXURL of any suspected or actual unauthorized use of the Service. You agree to waive all claims against SXURL and you agree SXURL will not be liable under any circumstances for any cost, damages, loss, or expenses that may arise in the event the security of your account has been compromised. In the event there is a breach of security through your account, you must immediately change your password. SXURL will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in United States (including but not limited to copyright or trademark laws).
Privacy and Security
Your privacy and the security of your account is very important to us. We use encryption on any areas that contain sensitive information such as credit card numbers, account credentials, or customer information.
Fees and Payments
You agree to pay, and will be responsible for payment of, all fees associated with using the Service. All fees are in US Dollars. By providing a credit card, debit card, or other payment method accepted by SXURL for your subscription to the Service, and you are expressly agreeing that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription.
If your payment method fails or is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to the Service pending resolution of any amounts due by you to SXURL. SXURL will not provide any refund for the Service.
In the case of technical problems, please check the support provided on the website or you may contact us at [email protected].
Cancellation & Termination
You may discontinue to use and request to cancel the Service at any time. For more information about canceling, please contact [email protected]. The cancellation process may take a few days. Cancelation of the service does not provide you with a refund.
SXURL may cancel the Service at its discretion at any time up to and including the date of the Service has been provided. Without limiting our other remedies, we may limit, suspend, or terminate our service and your account at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow these Terms of Service, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies.
Monitoring Content and Service Use
SXURL reserves the right, but not an obligation, to monitor use of the Service, and to investigate and take appropriate legal action against any party that uses the Service in violation of these Terms of Service or applicable law. SXURL reserves the right to accept, reject or modify user generated content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any User content.
You agree to use the Service for lawful purposes only. You agree that will not use the Services to store or transmit inappropriate Content, such as Content containing unlawful, defamatory, threatening, pornographic, libelous or otherwise objectionable material of any kind; use the Services to encourage conduct that could constitute a criminal offense; use the Services to encourage conduct that could constitute a criminal offense; cause, in SXURL’s sole discretion, inordinate burden on the Services or SXURL’s system resources or capacity. You agree not to take any action that might compromise the security of the Service, render the Service inaccessible to others or otherwise cause damage to the Service, or the Site. You agree not to add to, subtract from, or otherwise modify the Service, or to attempt to access the Service that is not intended for you. You agree not to use the Service in any manner that might interfere with the rights of third parties.
No Guarantee and Disclaimer of Warranty
SXURL in no way provides any results guarantee for use the Service. Any use of testimonials, past performance examples, advice and tips provided in the Service may not be indicative of future results. You should not assume that use of the Service will provide a particular result or specific performance of sales or positive reviews with Amazon. SXURL IS IN NO WAY LIABLE FOR LOSS, TERMINATION, REMOVAL, INTERRUPTION, OR SUSPENSION BY AMAZON FOR ANY REASON WHATSOEVER, INCLUDING ANY VIOLATION OF AMAZON SELLERS TERMS OF SERVICES BY YOU OR SXURL. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. IN ADDITION, SXURL DOES NOT GUARANTEE LENGTH OF SERVICE OR THAT SITE WILL BE ONLINE AND OPERATIONAL AT ALL TIMES, AND SXURL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DETECTS IN THE SITE WILL BE CORRECTED. SXURL DOES NOT WARRANT THAT EMAIL LISTS ARE ACCURATE AND TRUE.
SXURL provides the service “as-is”, “with all faults” and “as available” and without warranty or condition, express, implied or statutory. SXURL expressly disclaims all warranties of any kind, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The entire risk as to satisfactory performance, quality, accuracy and effort shall be entirely with you.
Limitation of Liability
In no event and under no circumstances, including but not limited to negligence, will SXURL be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages whatsoever, including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from: (a) the use of, or the inability to use, the service; (b) the conduct or actions, of any user of the SXURL website or any other person or entity, even if we have been advised of the possibility of such damages; (c) any transaction conducted through or facilitated by the azon webSite; any claim of errors, omissions, or other claimed inaccuracies in the service; unauthorized access to data, or alterations, or; any other matter relating to the service.
In the event SXURL is found liable, the total liability of SXURL total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise shall under no circumstances not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.
A possibility exists that the Service could include inaccuracies or errors. Although SXURL attempts to ensure the integrity of the Service, we make no guarantees as to the completeness or correctness of the Service. In the event that a situation arises in which the Services’ completeness or correctness is in question, please contact us at [email protected]. We will try to address your concerns as soon as reasonably practicable.
SXURL may periodically schedule system downtime for the Service for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that SXURL has no responsibility and is not liable for: (a) the unavailability of the Service; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, or any Internet facilities and networks.
By accepting this Terms of Service, you irrevocably agree to indemnify, defend, and hold SXURL and its affiliates, directors, officers, employees and agents harmless from all claims, judgments, costs, expenses, liabilities and attorneys’ fees arising out of or related to (a) any third party claim resulting from a breach by you of any of your covenants, representations or warranties contained in these Terms of Service and/or (b) your use of the Service.
Any dispute or claim that you may have with SXURL, you agree to first contact SXURL and attempt to resolve the dispute with us informally. If SXURL is not able to resolve the dispute with you informally, we each agree to resolve any dispute (excluding claims for injunctive or other equitable relief) relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”). The parties hereto each agree to be bound by AAA’s rules and procedures. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Idaho and such arbitration shall be held within the State of Idaho, and will honor all claims of privilege recognized by law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SXURL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Both parties agree that this Agreement is the complete, exclusive and entire agreement and understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms of Service are for convenience only and have no legal or contractual effect.
If any provision of these Terms of Service is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions of these Terms of Service.
Choice of Law and Forum
The enforcement of these Terms of Service shall be interpreted under the laws of Nevada. SXURL and you agree to submit to the exclusive jurisdiction of the courts located in Idaho.