Terms of Service

 

(Last Updated October 15, 2020)

  1. Overview

Welcome to www.Premiumellers.com website and services, we provide an online platform where sellers are able to sell their e-commerce stores or businesses and buyers come to buy e-commerce stores or businesses of their choice provided to you by Premium Sellers LLC.

These Premium Sellers terms of service make up the conditions on which we will provide the services offered through the website www.Premiumellers.com ('the website').

Please read all of the following terms and conditions very carefully before using the website. By accessing and or using the site, you agree to be bound by all of the following terms of use and privacy policy.

  1. Overview
  2. General Terms
  3. Confidential Information
  4. Who We Are
  5. Eligibility and Legal Capacity
  6. Our Services
  7. Price
  8. Personal Data
  9. Affiliate Commission Policy
  10. Terms for Making Offers to Purchase E-commerce Stores
  11. Responsibility of a Buyer and Performance of Due Diligence.
  12. Titles and Ownership
  13. Sale of E-commerce Stores; Limitations
  14. Copyright and License Policy
  15. Repeat Infringer Policy
  16. Trademarks
  17. Advertising
  18. Cookies notice
  19. Third-Party Content
  20. User Content and Conduct
  21. Indemnification
  22. Refund Policy
  23. Disclaimer
  24. Limitation of Liability
  25. Feedback
  26. Children's Privacy
  27. No Reliance
  28. Local Regulations
  29. Your California Privacy Rights (CCPA)
  30. Termination
  31. Severability
  32. Copyright License
  33. Contact Us

 

  1. General Terms

Premium Sellers Terms of Use (Terms) presented in this document are the fundamentals rights and obligations that users and Premium Sellers website have and agree on when using Premium Sellers service. These Terms constitute a binding agreement between Premium Sellers LLC and you as a user.

When you use the Premium Sellers website, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, please kindly stop using this website immediately. Premium Sellers reserves the right at any time and in our sole discretion to change or modify these Terms or any policy or guideline of the website and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an e-mail, providing advice through the Services, or updating the 'Last Updated' date at the top of these Terms on our site. So we implore you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.

  1. Confidential Information

If you use this service, both parties agree to treat confidential information received during, before, or after the performance of the contract when this information has been marked as confidential or when the receiving party knows or reasonably suspects that the information was intended to be confidential. The Parties also impose this obligation on their employees and on third parties engaged by them to implement the contract. Confidential information shall in any case mean information provided by User to Premium Sellers pursuant to the User Content and Conduct section of these Terms and Conditions.

Both parties agree and acknowledge to always treat every information confidential provided or received through the use of the Service unless the other Party has given written permission to share the information with third parties. Both parties are not allowed to exchange information in the absence of such a confidential agreement.

  1. Who We Are

Premium Sellers LLC is a company registered in the United State of America. Branded as Premium Sellers ('WE'), and covers all Premium Sellers made pursuant to this Website.

  1. Eligibility and Legal Capacity

In order to use this website, you must be at least 18 years of age. If you are using the website on behalf of a person or third-party, you agree that you are authorized to accept these Terms on that person's behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.

  1. Our Services

Premium Sellers is a platform that provides a medium where business owners sell their e-commerce stores and businesses and buyers come to buy e-commerce stores and businesses of their choice. By using our website and services, you agree to abide by Premium Sellers' terms of service found herein and all applicable local country laws.

  1. Price

Unless otherwise agreed by Premium Sellers in writing (including any applicable Order Form), the price for the Services shall be the price set out in the sales agreement between the buyer and seller appertaining to the date of delivery or deemed delivery.

The price for the store shall be exclusive of any value-added tax and all additional costs or charges unless agreed mutually.

  1. Personal Data

The personal data to be processed by Premium Sellers are in compliance with the U.S. Federal Trade Commission who are in charge of the federal privacy and data protection regulations in the United States. Premium Sellers processes the personal data of users in accordance with the privacy statement published on the website.

Premium Sellers will provide the required level of security to reduce the risks involved in the procession and protection of personal data. For information please visit our privacy policy page.

  1. Affiliate Commission Policy

Users of the Premium Sellers website may receive an affiliate commission for every referred user who makes sells this e-commerce store through our Service. By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affiliate commission to you and that such payments are fair and reasonable.

We apply the same rigor and standards of objectivity to these contents as we do to the rest of our materials.

  1. Terms to Purchase E-Commerce Stores

To place an offer or purchase an e-commerce store on the Premium Sellers website, you must adhere to these below conditions:

  1. You agree to treat all transactions of buying or selling e-commerce stores on the Premium Sellers website as private and confidential.
  2. Buyer agrees that all offers to purchase an e-commerce store should be sent in writing privately to Premium Sellers.
  3. A Buyer’s offer to purchase an e-commerce store and our acceptance to sell an e-commerce store is private and as fully stated herein. Buyer and Premium Sellers understand and agree they are obligated to fulfill the purchase of the store when the offer is accepted by us, including but not limited to the payment of the Purchase Price, completing the transfer Process, and completing all other obligations of this Agreement privately.
  4. If an offer to buy an e-commerce store is below the asking Price, Premium Sellers will notify the Buyer and provide Buyer a grace period of 1 hour to match that offer in writing, or we will close the deal with another available buyer.

 

  1. Responsibility of a Buyer and Performance of Due Diligence

It is the responsibility of the buyer to investigate all aspects pertaining to e-commerce stores properly before making a purchase. Including but not limited to reviewing the benchmarks of the store, financial information, operational reports, supplier contacts, and other factors related to the overall function of the e-commerce store. The buyer should not rely solely on the information provided by Premium Sellers, but to make its own independent investigation and research. Premium Sellers makes no representation or guarantee regarding the future performance of any e-commerce store.

  1. Titles and Ownership

Title and ownership to the e-commerce stores will be transferred to the Buyer when, and after the Buyer have completed the purchase of the e-commerce store with Premium Sellers.

  1. Sale of E-commerce Stores; Limitations

In consideration of the Purchase Price and subject to the terms of this Agreement, Seller agrees to assign, transfer, convey and deliver to Premium Sellers hereby purchases from Seller all right, title, and interest of the e-commerce stores. Premium Sellers is not assuming, and shall not be deemed to have assumed, any liabilities or obligations of the Seller of any kind or nature whatsoever (whether contractual, statutory, or otherwise).

  1. Copyright and License Policy

Unless otherwise indicated, the Services and all materials on the website, including, without limitation, the Premium Sellers logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the 'Premium Sellers Materials') are the property of Premium Sellers or our licensors and protected by the United State Copyright Act of 1976, Title 17 U.S.C and international copyright laws.

Premium Sellers grants you a limited, non-exclusive, and non-sublicensable license to access and use the website and Premium Sellers Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Premium Sellers Materials. (b) The collection and use of any store screenshots, product listings, pictures, or descriptions. (c) the distribution, public performance, or public display of any Premium Sellers Materials; (d) modifying or otherwise making any derivative uses of the Services and the Premium Sellers Materials, (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Premium Sellers Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Premium Sellers Materials other than for their intended purposes. Any use of the Services or the Premium Sellers Materials other than as specifically authorized herein, without the prior written permission of Premium Sellers, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be conferred any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

  1. Repeat Infringer Policy

Following the Digital Millennium Copyright Act ('DMCA') and other applicable law, Premium Sellers has adopted a policy of terminating, in appropriate circumstances, and in Premium Sellers' sole discretion, users who are repeat infringers. Premium Sellers may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Trademarks

The Premium Sellers logos, the slogan, and any other Premium Sellers' product or service name or slogan contained on the Services are trademarks of Premium Sellers. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Premium Sellers or the applicable trademark holder. You may not use any metatags or any other 'hidden text' utilizing 'Premium Sellers' or any other name, trademark, or product or service name of Premium Sellers without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, or trade dress of Premium Sellers and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and Premium Sellers or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

  1. Advertising

Premium Sellers runs advertisements and promotions. By using the Sites, the User agrees that Premium Sellers has the right to run such advertisements and promotions on the Sites. The manner, mode, and extent of advertising by Premium Sellers are subject to change. The User correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser.

The User agrees that Premium Sellers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

  1. Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them, some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently. Some of the cookies we use are essential for our Sites to function correctly. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyze the success of promotions

  1. Third-Party Content

Premium Sellers may provide third party content on the Services. They may contain links to web pages and content of third parties (collectively the 'Third Party Content'). Premium Sellers does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Premium Sellers is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.

  1. User Content and Conduct

You further agree that you are solely responsible for your conduct while using the website, and you agree that you will not:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Users will not perform any actions that undermine the operation and / or purpose of the Service. Users must abstain from unauthorized use of the Service and will compile and behave in accordance with what may be expected of a User.
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any unlawful activity or any activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures, or other features.

Premium Sellers assumes no liability for any User Content posted or uploaded by you or any third party. We take no responsibility for any loss or damage to it or any user conduct, nor is Premium Sellers liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter. Enforcement of the user content or conduct rules outlined in these Terms is solely at Premium Sellers' discretion, and failure to enforce such laws in some instances does not constitute a waiver of our right to enforce such rules in other cases. Also, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.   Any use of the Services in violation of these Terms may result in termination or suspension of you using the website.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise display on the website. (b) the User Content is accurate and not misleading, and (c) your use and posting of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Premium Sellers, our independent contractors, service providers, and consultants. From and against any claims, damages, costs, liabilities, and expenses arising out of or related to; (a) your use of the Services; (b) any User Content or Submissions you provide. (c) your violation of these Terms. (d) your violation of any rights of another, or (e) your conduct in connection with the Services.

  1. Refund Policy

All purchases made through our Service are final and non-refundable because of the nature of our business. However, the refund is only applicable once an e-commerce store is suspended up to 7 days after the transfer period, and the suspension is not caused by the buyer's selling activity i.e. selling of inauthentic products, breaching the third-party e-commerce platform’s Rules and Agreements, or other unlawful buyer activity. 7 days after the sale, no refunds are applicable. If you dispute any payment you have made to us for our services (by, for example, initiating a chargeback), we hereby reserve the irrevocable right to:

  • Temporarily suspend or permanently terminate your access with us; and/or
  • Rescind any or all purchases you made from us.
  1. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED CONTRARY IN WRITING BY PREMIUM SELLERS LLC, THE SERVICES AND PREMIUM SELLERS MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PREMIUM SELLERS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. PREMIUM SELLERS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR PREMIUM SELLERS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE PREMIUM SELLERS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, PREMIUM SELLERS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY USE OF THE SITE.

  1. Limitation of Liability

IN NO EVENT SHALL PREMIUM SELLERS, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND. INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE PREMIUM SELLERS MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PREMIUM SELLERS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PREMIUM SELLERS. WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY. IF ANY, TO PREMIUM SELLERS FOR ACCESS TO OR USE OF THE SERVICES.

  1. Feedback

Any use of the feedback system, contrary to these terms, is prohibited. By submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.

  1. Children's Privacy Policy

Premium Sellers respects the privacy of children, and we are committed to complying with the Children's Online Privacy Protection Act (COPPA). This Children's Privacy Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Premium Sellers services to children under 18 years of age except as permitted by COPPA. However, we may provide our service to children under 18 years of age but under the supervision of a parental guardian.

  1. No Reliance

You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.

  1. Local Regulations

We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or the United State of America.

  1. Your California Privacy Rights (CCPA)

Under California Civil Code Section 1798.83, California residents have the right under certain circumstances to receive, once per calendar year, information about third parties with whom we have shared information about you or your family for the marketing purposes of those third parties during the previous calendar year, a description of the categories of personal information shared, and a description of the nature of the business with whom it was shared.

  1. Termination

Premium Sellers reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

  1. Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall not affect the validity and enforceability of the remaining provisions.

  1. Copyright License

Copyright (c) 2020(s) Premium Sellers website. Subject to the express provisions of these terms and conditions:

  • We, together with our licensors, own and control all the copyright and other intellectual property rights in Premium Sellers website and the Material on our site; and
  • All the copyright and other intellectual property rights in the Premium Sellers website and the Material on our site are reserved.
  1. Contact Us

If you have any questions about these Terms & conditions, please contact us at e-mail: info@premiumellers.com