These terms and Conditions outline the rules and regulations for the use of A Review Fetch's Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use A Review Fetch's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Definitions. All defined terms apply to this Agreement except where expressly stated otherwise. For ease of reference, some terms are defined elsewhere in this Agreement.

  1. “Claims” or “Claim” means, collectively, lawsuits, actions, complaints, claims, assertions of liability (whether oral or written), losses, damages, liabilities, awards, costs and expenses.
  2. “Competitor of A Review Fetch” means any person or entity that offers products or services to third parties in the field of Amazon seller support and software tools.
  3. “Corporate Affiliate” is another corporate entity that is controlled by, under the control of, or under common control with, another corporate entity, with control being at least 51% ownership of voting stock or membership.
  4. “Days” means calendar days, not business days unless expressly stated otherwise.
  5. “Intellectual Property” means all intellectual property rights and includes patentable inventions, copyrights, trade secrets, trademarks, service marks, certification marks, and domain name rights. Intellectual Property also includes all patents and patent applications, and the reissues, divisions, continuations, renewals, extensions, continuations-in-part, and improvements thereof.
  6. "Web Property" is a point of presence (e.g. a website, social media account, blog, etc.) on the web that is an asset of an entity (e.g. an individual or corporation) used for the purpose of representing a brand, person or any other identity.
  7. “Named Users” means specific, named individuals who are authorized by Subscriber to use the Services, and who have been supplied user identifications and passwords for the Services. Named Users may be Subscriber’s employees or contractors, subject to the terms of this Agreement, including its confidentiality and trade secret provisions.
  8. “Party” means one of the parties to the Agreement. “Parties” means both parties to the Agreement: Subscriber and A Review Fetch.
  9. “Services” means the online usage of the Software features and capabilities selected by Subscriber. Subscription fees are determined based upon the Software features and capabilities selected by Subscriber.
  10. “Software” means A Review Fetch’s Amazon seller support and software tools.
  11. “Subscriber” means the person or corporate entity entering into this Agreement with A Review Fetch. If a person is entering into this Agreement for his or her sole use of the Services he or she is the Subscriber. If that person is entering into this Agreement on behalf of a company or other legal entity, that company or other legal entity is the Subscriber; in that case, the person entering into this Agreement represents that he or she has the authority to bind such entity and its Corporate Affiliates to this Agreement.
  12. “Subscriber Data” means all electronic data or information submitted by Subscriber as part of Subscriber’s use of the Services.
  13. “Subscription” means the license purchased by the Subscriber to use the Services.
  14. “Subscription Term” means the time-length of the term of the Subscription purchased by Subscriber. Unless expressly indicated otherwise by A Review Fetch in writing, a Subscription is for one month measured from the date of the purchase of the Subscription by Subscriber. A Subscription Term automatically renews for an additional month unless terminated before renewal.

Cookies

We employ the use of cookies. By using A Review Fetch's website you consent to the use of cookies in accordance with A Review Fetch’s privacy policy.

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

Acceptable Use

Subscriber may not use or access the Services if it is a direct competitor of A Review Fetch, except with A Review Fetch’s prior written consent.

Any entity that uses A Review Fetch on a web property may have one, and only one, Free Account at a time. Violation of this term could result in the termination of one or more free accounts. Any entity acting on behalf of aother entity that uses A Review Fetch, such as a consultant or agency, may have more than one Free Account if and only if no more than one Free Account is used on an individual web property.

License

Unless otherwise stated, A Review Fetch and/or it’s licensors own the intellectual property rights for all material on A Review Fetch. All intellectual property rights are reserved. You may view and/or print pages from https://www.areviewfetch.com for your own personal use subject to restrictions set in these terms and conditions

You must not:

  1. Republish original material from https://www.areviewfetch.com
  2. Sell, rent or sub-license original material from https://www.areviewfetch.com
  3. Reproduce, duplicate or copy original material from https://www.areviewfetch.com

Redistribute content from A Review Fetch except content specifically made for redistribution.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  1. Government agencies;
  2. Search engines;
  3. News organizations;
  4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
  2. dot.com community sites;
  3. associations or other groups representing charities, including charity giving sites,
  4. online directory distributors;
  5. internet portals;
  6. accounting, law and consulting firms whose primary clients are businesses; and
  7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to . Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of A Review Fetch’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. 

General Terms

Assignment. Either Party may assign the Agreement to a Corporate Affiliate, successor to its business or purchaser of substantially all of its assets. Nevertheless, Subscriber may not assign this Agreement to any Competitor of A Review Fetch; this prohibition includes assignment to Corporate Affiliates of Subscriber. Subscriber will not be relieved from liability under this Agreement by virtue of a permitted assignment unless A Review Fetch approves the assignment and transfer of liability in writing. A Review Fetch will not withhold such approval unreasonably. For Subscriber, any assignment shall not expand the license rights specified in this Agreement.


Confidentiality. “Confidential Information” means, collectively: (a) the trade secrets of a Discloser; (b) information that Discloser has kept confidential; (c) information that Discloser is obligated to keep confidential to some extent by law; and (d) information that a third party has provided to Discloser under an obligation of confidentiality.
Confidential Information of Subscriber. The Subscriber Data is the Confidential Information of Subscriber.
“Recipient” means the Party receiving Confidential Information.
“Discloser” means the Party that discloses, transmits or allows access to Confidential Information to Recipient.
The Methodology and the Subscriber Data are Confidential Information and do not need to be marked as such to have such status. For any other information to have Confidential Information status, Discloser must mark it conspicuously as “Confidential Information” or with other words that convey the same meaning, unless federal, state or local law makes that type of information confidential (e.g., “protected health information” under HIPAA).
Exclusions from Confidential Information. Confidential Information shall not include information that (a) constitutes general skills and experience gained under this Agreement; (b) is already known by Recipient at the time of disclosure as established through written evidence pre-dating this agreement; (c) is publicly available at the time of disclosure or subsequently becomes publicly available through no fault of Recipient; (d) is required to be disclosed by governmental or judicial order; (e) is rightfully acquired by Recipient from a third party who is not in breach of an agreement to keep such information confidential; or (f) is developed by personnel of Recipient independently of, and without access or exposure to, the Confidential Information.
Confidentiality Obligation. Except as otherwise provided herein, Recipient shall not disclose Confidential Information, allow access to it or transfer it to third parties, or use it for any reasons other than performing this Agreement or exercising the license rights granted to it under this Agreement. Recipient shall take reasonable efforts to protect the confidentiality of Confidential Information, and shall protect it at least as carefully as it protects its sensitive confidential information. If a Recipient believes that there has been an unauthorized disclosure, access, transfer or use of Confidential Information, it shall notify Discloser as soon as possible.
Compelled Disclosure. The Recipient may disclose Confidential Information of the Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential Information as part of a legal proceeding (except for litigation initiated by one Party against the other Party), the Discloser shall reimburse the Recipient for its attorneys’ fees and costs incurred in relation to this order and for Recipient’s reasonable cost of compiling and providing secure access to such Confidential Information.
Recipient may disclose Confidential Information to its contractors provided that such contractors adhere to rules stated in this section and such contractors use the Confidential Information solely to perform Recipient’s obligations under this Agreement. A Recipient who discloses Confidential Information to a contractor shall be liable for the contractor’s handling of the Confidential Information as if the contractor was an employee of Recipient. Under no circumstances may Recipient disclose Confidential Information to a competitor of Discloser.

Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the bottom of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.

Disputes. Resolving Disputes. This Agreement and the Parties’ relationship shall be governed by and construed under the laws of the Commonwealth of Virginia and applicable federal law, and Virginia’s choice of law rules shall not change this governing law. Any litigation between the Parties shall occur only in the state courts for the County of Brunswick, North Carolina, or the federal courts in the United States District Court for the Eastern District of North Carolina (Wilmington). IN ANY LITIGATION, EACH PARTY WAIVES TRIAL BY JURY. Subscriber consents to such personal jurisdiction and irrevocably stipulates that, by entering into this Agreement, such courts have personal jurisdiction over the Subscriber for all Claims arising from or related to this Agreement or its subject matter. In any state court litigation, depositions and interrogatory responses may be used in support or defense of motions for summary judgment. If Subscriber institutes litigation in any court other than those expressly permitted by this subsection, Subscriber shall pay all of A Review Fetch’s attorneys’ fees, costs and expenses incurred in its attempting to enforce this subsection’s mandatory personal jurisdiction provision.

Limitation on Time to Assert a Claim. Each Party shall assert each Claim against the other Party arising from or related to the Services within two years of the later of the accrual of the Claim. A counterclaim is not barred if the Claim filed by the other Party is timely under this section. Otherwise, all Claims not made within the time provided by this section are waived and barred.

Force Majeure. A Review Fetch shall not be liable for any failure or delay caused by events beyond A Review Fetch’s reasonable control, including, without limitation, Subscriber’s failure to perform its obligations in a timely fashion. Should A Review Fetch be delayed from performing its obligations because of an event beyond its reasonable control, A Review Fetch may and shall resume performance when the obstacle to performance is removed.

Severability. If any term or provision of this Agreement shall be found to be illegal or unenforceable, the remainder of the Agreement will remain in effect.

Waiver. No waiver, by either Party, of any breach by the other Party of any of the terms of this Agreement shall be a waiver of any other breach of the same or other provisions; no such waiver shall be effective unless in a writing signed by the waiving Party.

Questions: If you have any queries regarding any of our terms, please Contact Us

Last revision: June 18, 2018

 

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