By signing up for the MXSKU.com service (“Service”) or any of the services of MXSKU.com, (“MXSKU.com”) you are agreeing to be bound by the following terms and conditions (“Terms”). Any new features or tools which are added to the Service shall be also subject to the Terms unless stated otherwise. MXSKU.com reserves the right to update and change the Terms by posting updates and changes on the MXSKU.com website. You are advised to check the Terms from time to time for any updates or changes that may impact you.
1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for a MXSKU Inventory Solution account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. MXSKU Inventory Solution may reject your application for an Account, or cancel an existing Account, for any reason, in its sole discretion.
3. You acknowledge that MXSKU.com will use the email address you provide as the primary method for communication. In addition, you acknowledge that by connecting the Service with any third parties’ accounts owned by you or on your behalf, you hereby grant MXSKU.com to access any such third parties’ accounts via applicable APIs, for the sole purpose of enabling the interoperability of such third parties’ services with the Service.
4. You are responsible for keeping your password secure. MXSKU.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. You are responsible for all activity and content such as data, graphics, photos, videos and links that is posted using your MXSKU Account (“User Content”). You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any term in the Terms as determined in the sole discretion of MXSKU.com will result in an immediate termination of your services.
1. MXSKU.com reserves the right to modify or terminate the Service for any reason, without notice at any time.
2. MXSKU.com reserves the right to refuse service to anyone for any reason at any time.
3. MXSKU.com may, but have no obligation to, remove User Content and Accounts containing content that it determine in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. MXSKU.com reserves reserves the right to provide the Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that MXSKU.com employees and contractors may also be MXSKU.com customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Limitation of Liability
1. You expressly understand and agree that MXSKU.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall MXSKU.com or any of its third parties suppliers or affiliates shall be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms (however arising including negligence).
3. Notwithstanding the above, the entire and total liability of MXSKU.com with respect to losses you may incur pursuant to price discrepancies during a system failure which may cause items to be sold by you below their value at time of purchase shall be limited to the aggregate sum of fees paid by you in the one (1) month period immediately preceding the most recent event giving rise to liability under this section 3.3. The burden of proof with respect to such losses will be yours.
5. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
6. MXSKU.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
7. MXSKU.com does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
8. MXSKU.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. It is hereby agreed, understood and clarified that any listings made by you through the Service are yours alone and that you are fully and solely responsible for such listings, whether with respect to your customers, suppliers, or any third parties services you purchase from or selling in, or otherwise grant MXSKU.com access to.
Intellectual Property and Customer Content
1. MXSKU.com does not claim any intellectual property rights over the material you provide to the MXSKU.com service. All material you upload remains yours. You can remove your MXSKU account and/or listings at any time by deleting your Account and/listings.
2. MXSKU.com will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Cancellation and Termination
1. You may cancel your subscription renewal at any time by disabling the auto renewal of your payment via the account subscription page using the cancellation button at the bottom of the page. PayPal express checkout products and services and other one time payment products and services are not refundable, and you cannot cancel them.
Once cancelled, the subscription will stay active until the next payment date. (On a monthly subscription that would be the monthly payment date, on an annual subscription that would be the date of annual payment).
1. MXSKU.com may share your User Content and non-identifiable information with its affiliates. Their use of information shall be limited to these Terms.
2. MXSKU.com may also store non-identifying information which does not identify you and was provided to us through your use of the Service and the Registration of your Account, including without limitation, any of your third party’s accounts.
3. Like many websites, MXSKU.com use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Service. We may disclose information if required by competent law enforcement authority according to a court order or other legal provision.
4. MXSKU.com is using the browser to collect sensitive information. Examples of sensitive or personal user data include: Form data, Web browsing activity (which is any information about the websites or other web resources a user requests or interacts with, including the domains or URLs the browser interacts with). The usage of the sensitive or personal user data is for the purpose of optimization speed of performance of the DSM Tool platform features and can be disabled by the user in the Chrome extension settings.
1. Technical support is only provided to paying Account holders and is only available via MXSKU.com website.
2. You may not use the MXSKU.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.
3. The failure of MXSKU.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and MXSKU.com and govern your use of the Service, superseding any prior agreements between you and MXSKU.com (including, but not limited to, any prior versions of this Terms).
4. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MXSKU.com.