Welcome to ExportYourStore. This service is provided by 3CG EXPORTYOURSTORE LLC. (“ExportYourStore”, "our", "we") through our website (the “Website”) https://www.exportyourstore.com/ to you (“you” or “User”).
By choosing to use this Website, and the services available at this Website, as well as any service, software, application, plug-in, component, functionality, or program created by ExportYourStore (the “Services”), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Website, shall govern your use of this Website and the Services. Please read them carefully before using this Website or the Services. Should you have any questions concerning this Agreement, please contact email address.
By entering this Website and/or by finalizing the registration process for the Services, you hereby represent and warrant that you have read, understood and that you bear the legal capacity to, and hereby agree to be legally bound and compliant by these terms and conditions. ExportYourStore is available SOLELY FOR USERS WHO ARE 13 YEARS OF AGE OR OLDER. USERS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST WITH THE COMPLETION OF THE REGISTRATION.
A. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any given time. You are able to find the most updated version of these terms and conditions on the Website, with the date of last modification listed above. Any and all modifications to terms and conditions shall become effective immediately upon the posting of the revised terms and conditions thereof on the Website. Therefore, whenever you visit this Website we encourage you to check the date on the top of our terms and conditions and see if whether they have been updated. You must review this agreement on an ongoing basis to keep yourself informed of any changes thereof. In the event that you do not agree to accept the revised terms and conditions, your sole protection is to immediately cease from using the Services. Your will to continue to use the Services upon the posting of the modifications in terms and conditions shall constitute your acceptance of the revised terms and conditions. Should you have any inquiries regarding to the use of our Website, we ask you to please submit a ticket on our contact us page.
B. YOUR REGISTRATION OBLIGATIONS
To obtain and use the Services, you will be required to register with ExportYourStore by completing a registration form which shall include your full name and email address and by designating a user ID and password. When registering with ExportYourStore you agree to: (a) Only fill in true, accurate, updated and completed information concerning yourself in our registration form (“Registration Form”) and (b) give ExportYourStore your consent to access your products' storage both in Amazon and in Ebay (c) for the purpose of synchronizing your products, to allow ExportYourStore to execute alterations in your products and to receive ongoing updates concerning each product's alteration (d) maintain and promptly update the Registration Form to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or in case that we have grounds to believe that any of the provided information is untrue, inaccurate, outdated or incomplete, we may suspend or terminate your account and refuse to allow you any and all current or future use of the Services (or any portion of the Services thereof).
Your account confirmation procedures shall be as follows:
1. Ebay – Upon pressing on the Ebay's link on our website you shall be transferred to Ebay's website and will be required to insert your Ebay's user name and password (we shall not save the login details in our system). Once logged into your account, Ebay will ask you if wish to grant ExportYourStore access ("approval") to your store. When approved, Ebay shall provide ExportYourStore with a token that will enable ExportYourStore to synchronize your Ebay's store.
2. Amazon – Upon pressing on the Amazon's link on our website you shall be transferred to Amazon's website and will be required to insert your Amazon's user name and password (we shall not save the login details in our system). Once logged into your account, Amazon will ask you if you wish to grant ExportYourStore access ("approval") to your store. Once approved, Amazon shall provide ExportYourStore with a token that will enable ExportYourStore to synchronize your Amazon's store. For the purpose of managing and maintaining your Amazon's products, we may ask you to grant us with viewing rights to your Amazon's store.Further to above, in the event that you choose to register to a certain amount of products e.g. 1000 products on our website and your Amazon's limit of products is less than chosen amount of products e.g. 500 on our website, we shall be limited accordingly to your Amazon's limit of products e.g. 500.
3. You may not authorize or empower any third party to access, log in or use the Services on own your behalf. You are fully liable for maintaining the confidentiality of your user ID and password, and you are fully responsible for any and all of the activities that take place under your user ID or password. You further agree to immediately notify ExportYourStore of any unauthorized use of your user ID or password or other breach of security that is related in any way to your user ID and password. ExportYourStore cannot and shall not be liable for any loss or damage derived by any and all unauthorized use of your account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with ExportYourStore, you hereby understand that we may send you communications or data from ExportYourStore in regards to the Services, including but not limited to (i) notifications that are related to your use of the Services, including any notifications on violations of use, (ii) ongoing updates, and (iii) promotional materials regarding ExportYourStore's new and current products and services, via electronic mail. We provide you with the opportunity to opt-out from receiving electronic mail from us by following the opt-out instructions provided in the communication.
D. USER CONDUCT/ACCEPTABLE USE POLICY
Unauthorized use of ExportYourStore's service and/or the reselling of any and all said Services without our prior written consent, is expressly and absolutely prohibited. You are not entitled to copy, sell, transfer, distribute, publish, or assign your license to our Services in any format to any third party whatsoever.
In addition, you shall not use the Services in any way that violates applicable federal, state, or international law and/or for the fulfillment any unlawful objectives.Further to the above, you shall not use the Services to send, receive, or download messages, communications or materials that are inappropriate or in violation of the intellectual property rights of ExportYourStore or other related parties.
To the extent that the Services provide Users an opportunity to retrieve and send inventory and order information from User’s marketplace accounts (“User Content”, "your content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you hereby understand and acknowledge that ExportYourStore and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display the User Content for the sole purpose of providing you with the Services for which you have registered to our Website.
In the event that you hand ExportYourStore the right to distribute your content, additional terms may apply to ExportYourStore's usage or distribution of your content. You shall continue to retain any and all ownership rights for any User Content you will provide and you shall remain solely responsible for your conduct, your content, and any material or information transmitted to other Users for the purpose of interaction with other Users. ExportYourStore shall not claim any ownership rights of any User Content.
In addition, we have the right to remove any content if we have reason to believe that displaying such content may infringe the rights of a third party or subject and/or expose ExportYourStore to any expense or liability. In any case that you suspect an existence of a content in the Website which violates applicable law and/or your intellectual property and/or contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, please promptly notify us by submitting a ticket from our contact us page.
ExportYourStore reserves the right in its sole discretion, to determine whether and what action to pursue each notification, and any action or inaction in a particular instance shall not dictate or limit ExportYourStore's response to a future complaint.
You further acknowledge and agree that ExportYourStore shall not assume or have any liability for any action or inaction by ExportYourStore with respect to any User Content.
Additionally, ExportYourStore reserves the right, in our own discretion, without any limitation, to terminate your access to and your use of the Website and Services in case that, in our belief, your conduct fails to meet any and of these terms, including but not limited due to the following reasons (give examples only):
All judgments and actions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of ExportYourStore. We reserves the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.
You acknowledge and agree that ExportYourStore shall not assume or have any liability for any action or inaction by ExportYourStore with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
G. THIRD PARTY CONTENT, WEBSITES AND SERVICES
All transactions using our services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including websites,directories, servers, networks, systems, information and databases, applications, software, programs, products or services, as well as the Internet as a whole.
We may also provide you with some content as part of the Services. However, we are not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party.
Similarly, we are not liable for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such websites and third-party content.
We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we shall not be liable.
J. LIMITATIONS OF LIABILITY
By becoming an ExportYourStore's user you, the customer, acknowledge that you forfeit the right to hold ExportYourStore accountable for any and all technical errors, including but not limited to : (a) loss of user data (customer data) (b) User's Amazon account locking, (c) User's Ebay account locking , (d) Deceleration in the process of distribution of Amazon's products via the Website caused by external problems that relate to Amazon's ability to manage its limit (e) Possible failure of some of the products in Ebay or in Amazon to be fully synchronized with our Website (f) When displayed on the Website, the product may not match the correct category respectfully at all times.We do not guarantee length of service( g) Existing Amazon's product may inaccurately be presented on our Website.
Possible issues products match to different product page - it can be done by seller incorrect source data.
ExportYourStore aim for the information displayed on its Website and Services to be accurate and reliable; however, errors sometimes may occur.
WE PROVIDE OUR WEBSITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT SOLELY LIES WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ExportYourStore, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “ExportYourStore PARTY,” AND COLLECTIVELY, THE “ExportYourStore PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ExportYourStore PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
IN NO EVENT WILL ANY ExportYourStore PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH ExportYourStore PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE SERVICE, AND/OR YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ExportYourStore PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Notwithstanding the foregoing disclaimers and indemnification, in the event that ExportYourStore is found liable to any ExportYourStore's Users for any reason whatsoever, ExportYourStore's responsibility shall be limited to the amounts actually paid by such user for ExportYourStore's services, and shall not include punitive damages or consequential or resulting damages of any nature whatsoever.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree and undertake to indemnify, defend and hold harmless, ExportYourStore, its affiliates, and its respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any and all violations of this agreement by you.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to a full indemnification by you, in which event you will fully and completely cooperate with ExportYourStore in asserting any available defenses.
Upon termination by ExportYourStore or at your direction, you may request a file of your data, which we will make available for no additional fee.
You must make such request of retrieving your data at the notification of termination to receive such file within thirty (30) days of termination.
Otherwise, ANY DATA THAT YOU HAVE STORED ON ExportYourStore'S SYSTEMS MAY NOT BE RETRIEVED, and as a result we shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
N. PAYMENT OF FEES; AUTOMATIC RENEWAL
The fees applicable for ExportYourStore service are available at https://www.exportyourstore.com/ and as published within the Services.
Unless specifically agreed upon in writing between User and ExportYourStore at the commencement of a subscription term, at the conclusion of any service term, whether monthly, yearly, or otherwise, ExportYourStore will automatically renew the service for the same term and will charge the user’s credit card or PayPal account on the first day of the renewal term.
Payments for all accounts are due within 30 days of billing date. If the user registered for a trial plan, the last day of the 7-day trial signifies the due date of first payment.
If payment is not received by the end of the given 30 day time period, user’s account will be frozen and inaccessible until all outstanding payments have been processed by ExportYourStore. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user’s account will be deactivated and all data will no longer be retrievable.
ExportYourStore reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In order to ensure that you do not experience an interruption or loss of Services, all Services are offered on automatic renewal. Automatic renewal automatically renews the applicable Service upon expiration of the then current term for a renewal period equal in time to the most recent service period. For example, if your last service period is for one year, your renewal period will typically be for one year. However, in the event renewal with the Payment Method on file fails, ExportYourStore may attempt to renew the applicable service for a period less than the original subscription period to the extent necessary for the transaction to succeed.
O. CANCELLATION OF SERVICES AND REFUND OF CHARGES
You can cancel your subscription to our services immediately at any time by contacting us at: [email protected] whereas we will contact you and explain the consequences of cancelling your account, and only after you re-affirm your cancellation, we shall cancel your subscription.Bear in mind that in the event you decide to cancel your subscription, our services will not be available for you in immediate effect.
Except as specifically set forth in this section, all ExportYourStore services are prepaid for the period selected (monthly) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
Users on our free 7-day trial may cancel or downgrade their accounts, free of charge, at any time up until 7 days after their account was created. (The day of creation constitutes the first day of the 7-day trial.)
When paying users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. Other requests for refunds may be processed at the sole discretion of our staff member.
Any payment that was made by the customer more than two months back will not be refunded by ExportYourStore.
If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 7 days.
Cancellation requests sent via email to [email protected] will not be processed and will be replied to with an automatic response.
M. TERMINATION OF SERVICE
We reserve the right to terminate without prior notice your password, your account or your use of ExportYourStore Services and to delete any data within ExportYourStore Services, in our sole discretion, without cause and/or without notice.
You may terminate your user account upon notice to ExportYourStore at any time.
INTELLECTUAL PROPERTY RIGHTS AND NOTICES
Excluding the license which is granted to you herein, you shall have no additional right, title or interest in or to our Services or any other content.
You further agree that we, acting as the licensor retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to our Services and content, including, without any limitation, text, images, and other multimedia data. You hereby agree that you shall not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by ExportYourStore, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
All contents of our Website and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are the proprietary property of its suppliers, affiliates, or licensors.
Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party website or any other networked computer environment) without the expressed prior written consent of ExportYourStore and/or any of our suppliers, affiliates, or licensors. All rights reserved.
ExportYourStore and the ExportYourStore logo are including without limitation, either trademarks, service marks or registered trademarks of ExportYourStore, and may not be copied, imitated, or used, in whole or in part, without ExportYourStore's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
ExportYourStore may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Website that are part of the Services. Unless we have expressly granted you with licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license whatsoever to our intellectual property. Any rights not expressly granted herein are reserved.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect copyright law and expect Users to act the same. We expressly prohibit the use of the Services for the purpose of illegal transmission of copyrighted material, and we shall respond if notified by content owners and act to disable the copyrighted material from being transmitted via our Services. In addition, ExportYourStore may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
In case you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent for notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Website; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Agents can be reached by submitting a ticket on our contact us page.
U. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
If you believe that your copyright in any material has been infringed on a Website hosted on our equipment or through our services, please submit a message in the contact us page.
Please note that ExportYourStore, in its sole discretion, may terminate the account of any User about whom ExportYourStore receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact ExportYourStore at [email protected]
P. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply in any manner to the interpretation or enforcement of this Agreement and is hereby expressly excluded.
Q. EUROPEAN AND U.S. USERS
By using the our Services, Users which reside in the European Union and in the Unites States understand and consent to the processing of personal information in Israel.
R. NOTICES TO ExportYourStore
You may notify us by e-mail at [email protected]
S. OTHER TERMS
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
We may assign this contract, in whole or in part, at any time with or without prior notice to you. You shall not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.
ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.
The failure of ExportYourStore to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.