These Terms of Service (these “Terms”) govern your use of the asinzen website (the “Site”), the asinzen platform and associated tools (collectively, the “Service”) made available by asinzen , LLC. Your use of the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, “you”) to be bound by these Terms as well as the asinzen’s Privacy Policy. Please read these Terms carefully before registering for or otherwise using the asinzen Tools and Service. By accessing or using any part of the service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by asinzen , acceptance is expressly limited to these
1. Use of the Service
- You must provide accurate and complete registration information any time you register to use the Service.
- You are responsible for the security of your passwords and for any use of your account.
- Your use of the Service must comply with all applicable laws, regulations and ordinances.
- Your use of the Service must comply with all regulations of Amazon.com.
- You agree to not engage in any activity that interferes with or disrupts the Service.
- You will refrain from any automated use of our systems and services. We reserve the right to deem any action that abuses our API directly, or that imposes or potentially imposes an unreasonable or disproportionately large load on our servers or network infrastructure as a violation of our terms and can lead to termination of your account without any right to a refund or compensation.
- You will not employ any form of software, technology, or device with the intention of scraping, spidering, or crawling the Software for the purpose of data harvesting or manipulation of data.
- We (asinzen) reserves the right to enforce quotas and usage limits (to any resources) at its sole discretion, with or without notice, which may result in asinzen disabling or throttling your usage of the service for any amount of time.
- You may not allow multiple people to use your account or otherwise access the Service in a manner intended to avoid incurring fees.
2. Third Party Sites and Content
Certain features of the Site or Services, when activated, may require that asinzen send an email to you, on your behalf.
Because you must enable or engage these features in order to use them, you are responsible for any communications that follow. You agree that asinzen remains a disinterested third party to any such electronic communication completed using the Site and/or Services. You hereby agree to indemnify us and hold us harmless for any failure to have or obtain all necessary consents regarding the receipt of electronic communications, email, or commercial electronic messages.
You acknowledge and agree that asinzen is not responsible or liable for any Third Party content linked to from the Site or Services. This includes but is not limited to accuracy, integrity, quality, usefulness, legality, safety, and intellectual property rights. The inclusion of such linked content in no way indicates endorsement by, or association with, asinzen .
You agree that asinzen is not responsible or liable for any alleged or real damages or losses incurred through the use of Third Party content, goods, or services. Your use of Third Party content is solely at your own risk.
3. Aggregate Data
You agree that asinzen may gather Aggregate Data based on the use of the Site or Services. This data will not incorporate any Personal Information or information on your amazon account. asinzen does not sell information about you or your account to Third Parties.
4. Your Profile Information and Account
Your email address and password is the only way to log in and access your asinzen Account. For as long as you remain the Account Owner and in compliance with this Agreement, you have the right to access and use the Services. This right is non-transferable, and you agree not to disclose your Email Address and password to any Third Party.
You understand and agree that you are responsible for maintaining the confidentiality of your Email Address and password. You agree to provide true, accurate, current, and complete information about yourself, or the entity you represent, and you agree not to misrepresent your Profile Information.
Billing information can be updated from within your Account, and may only be changed by the Account Owner. We (asinzen) disclaims all liability where Account ownership is disputed, and will not participate or play any role in such disputes. asinzen will automatically charge the credit card on file; should the billing information be changed, the new credit card will be charged. If an updated credit card is under a different name, the owner of the updated card becomes the Account Owner. AsinZen will not change your billing information for you, under any circumstances, and will not be held responsible if an unauthorized party accesses your Account or changes your billing details.
You are solely responsible for all activities that occur within your Account. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying asinzen immediately.
5. Our Marketing Materials
Should you receive unwanted emails, or other marketing initiatives and non-Account-related materials from asinzen you may opt-out at any time by clicking “Unsubscribe” at the bottom of these communications, or by contacting support@asinzen.com. Doing so may have a material impact on our ability to provide services to you and we are not responsible for any such effects.
6. Intellectual Property Rights
We value Customer, user, and potential Customer/user Feedback and take it very seriously, and we may, from time to time, solicit Feedback. All Feedback is asinzen’s exclusive property, and no provider of Feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.
We may, in our sole discretion, use, share, or incorporate Feedback in whatever form or derivative we may decide into the Site, our software, Services, documentation, business or other products, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.
All asinzen Material, as defined in the General Terms, is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws.
For as long as you adhere to this Agreement and maintain a valid Account, asinzen grants you a non-transferable, non-sub licensable, non-exclusive, revocable, limited-purpose right to access and use our system.
7. Disclaimer, Exclusion, and Limitation of Liability
We (asinzen) makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the site, services, or data made available from the services. Your use of the site or services, material, and third party software and content are at your sole responsibility and risk. The site and services are provided on an “as is” and “as available” basis.
We (asinzen) disclaims any warranty that the site, the services, or any content, including, without limitation, any third party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site, services, and servers are free of viruses or other harmful components. You agree that from time to time asinzen may remove the site or cease providing the services for indefinite periods of time without prior notice or notification.
Your access to and use of the site and services may be interrupted or suspended from time to time for any reason, including, but not limited to, equipment malfunctions, periodic updating, maintenance or repair of the site or services, or other actions that asinzen, in its sole discretion, may elect to take. You acknowledge and agree that you are not entitled to damages or any other form of compensation or relief when outages, delays, downtime, malfunctions, security or system breaches, or other interruptions of service occur.
We (asinzen) make no guarantee regarding: the compatibility of any software, hardware, or content with the site or services. You are not entitled to compensation, refunds, credits, damages or any form of relief should the site or services not meet your expectations. You are solely responsible for ensuring that your content is compatible with the site and/or services. asinzen disclaims any liability or responsibility for any unauthorized use of your content by third parties or other users of the site or services, and is not responsible for protecting your content.
We (asinzen) are not responsible for the acts, omissions, or failures of any third-party content, service, network, or software or hardware provider, including but not limited to, internet service providers, hosting services used by asinzen, telecommunications providers, content provided by other users, or any software or hardware not provided by asinzen.
Any material downloaded or otherwise obtained through the use of the site or services is done at your own discretion and risk. You agree that you, solely, are responsible for any damage to your computer system or other devices, and/or for any loss of data that may result from the download of any such material.
No advice or information, whether communicated orally or in writing, from asinzen employees, or via the site or services, shall create any warranty not expressly stated in this agreement.
The site and services are offered and controlled by asinzen from various locations makes no representations that the site or services are appropriate or available for use in other locations. Those who access or use the site or services from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that neither asinzen nor its owners, officers, directors, affiliates, contractors, licensors, employees or agents, will be held liable to you or any third party acting on your behalf, for any tangible or intangible damages or losses arising from or relating to: this agreement, your use of or inability to use the site or services, or your use of third party materials, content, or services.
We (asinzen) will not be held responsible for any damages, liabilities, losses, or other consequences that you may incur in the event that the site and/or services are modified, suspended or discontinued.
You agree that the Indemnified Parties, are not responsible or liable for any claim, demand, loss, damage, cost, attorney fees, or other liability arising out of or relating to this Agreement, the Site, or the Services made against you or anyone else by a Third Party. This includes, but is not limited to: (a) your use, non-use, misuse of, or connection to the Site, the Services, Content, or Personal Information; (b) your violation or alleged violation of this Agreement; and (c) your violation of any Third Party rights, including intellectual property rights.
We (asinzen) reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify asinzen , and you agree to cooperate with asinzen defense of these Claims. You agree not to settle any matter without asinzen prior written consent. We (asinzen) will use reasonable efforts to notify you of any such Claims upon becoming aware of them.
You agree to a waiver of Jury Trial and Class Action Rights In any dispute arising out of or related to the site, the services, a subscription and/or this agreement, you hereby expressly give up: (i) your right to a trial by jury; and (ii) your right to participate as a member of a class of claimants, in any lawsuit including, without limitation, class action lawsuits.
8. Choice of Law and Dispute Resolution
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Wyoming as applied to contracts made and performed entirely within Wyoming, without giving effect to any conflicts of law statutes.
Any controversy, dispute or claim arising out of or related to the Terms of Service, the Privacy Policy or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Wyoming, pursuant to the rules of the American Arbitration Association. Any and all disputes that you may have with asinzen shall be resolved individually, without resort to any form of class action. You agree to a waiver of Jury Trial and Class Action Rights In any dispute arising out of or related to the site, the services, a subscription and/or this agreement, you hereby expressly give up: (i) your right to a trial by jury; and (ii) your right to participate as a member of a class of claimants, in any lawsuit including, without limitation, class action lawsuits.
You agree that asinzen may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages. If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.
You agree that if asinzen does not exercise or enforce a legal right or remedy contained in the Agreement or under applicable law, this is not a waiver of asinzen’s rights. Those rights or remedies will still be available to asinzen should we choose to exercise them. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation, or discussion, oral or written, and may not be changed except in writing, and signed by us.
9. Limitation of Time
You agree that you will not bring a claim under or relating to this Agreement more than six (6) months from when your claim first arose.
Notifcations and Updates
asinzen Terms of Service, the Privacy Policy may be amended at any time, with or without notice or notification as continued use of the Site and/or Services indicates acceptance of the latest version of each.