Terms of Service

Introduction

These Terms of Service (“Terms”) govern the use of the website accessible at https://www.smartsellersacademy.com (the “Site”) and all related services provided by Smart Sellers Academy Inc. (“SSA”), a New York corporation, including its subsidiaries, affiliates, representatives, officers, and directors (collectively referred to as “SSA,” “we,” “our,” or “us”).These Terms also govern any interaction with SSA, including the purchase and use of products, courses, and services offered by SSA.

For purposes of these Terms, the words “you” and “your” refer to each individual accessing and using the Site, whether as a visitor, prospective client, or customer of SSA. By using the Site or any SSA service, you agree to be bound by these Terms, our Privacy Policy, and any other legal agreements you enter into with SSA.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGALLYBINDING AGREEMENT BETWEEN YOU AND SSA. YOUR USE OF THE SITE ORSERVICES WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOTAGREE TO THESE TERMS, YOU MUST REFRAIN FROM ACCESSING OR USING THESITE OR OUR SERVICES.

SSA reserves the right to update, modify, or terminate these Terms at any time, with or without notice. If you do not comply with these Terms, SSA reserves the right to suspend or terminate your access to the Site or Services at its sole discretion.

Modifications

SSA may modify these Terms at any time, and such modifications will be effective immediately upon being posted on the Site. It is your responsibility to review these Terms periodically to ensure you are aware of any updates or changes. Your continued use of the Site or Services after such modifications constitutes your agreement to the updated Terms.

Additionally, SSA reserves the right to modify, suspend, or discontinue any part of the Site or Services at any time, including the availability of any features, content, or products offered. SSA may also impose limitations on certain features or restrict your access to parts or all of the Site or Services without prior notice or liability.

We will strive to notify users of significant changes to these Terms, but we are not obligated todo so. For your convenience, the most current version of these Terms will always be available on the Site and will supersede all prior versions.

Privacy

Your privacy is critically important to us. By accessing and using the Site, you agree to the terms outlined in SSA’s Privacy Policy, which governs how we collect, use, disclose, and protect your personal information. The Privacy Policy forms an integral part of these Terms and is accessible at https://www.smartsellersacademy.com/privacy-policy. SSA collects personal and business information to provide our Services effectively. This includes, but is not limited to, your name, email address, business details, and payment information. SSA takes reasonable measures to protect your data, but you acknowledge and agree that no data transmission over the internet or storage system can be guaranteed as completely secure. For any questions or concerns about your privacy, you may contact SSA using the information provided in the “Notices” section of these Terms

Eligibility and Access

To access and use the Site or Services, you must meet the following eligibility requirements:

1. Age Requirements: You must be at least 18 years of age. If you are under 18 but at least 13 years old, you may access the Site only with the explicit consent of your parent or legal guardian. By using the Site, you represent and warrant that you meet these eligibility criteria.
2. Legal Authority: You must have the legal authority to enter into these Terms and any additional agreements with SSA.
3. Compliance with Laws: You agree to use the Site and Services only in compliance with all applicable laws, regulations, and these Terms.

SSA reserves the right to deny or revoke access to the Site or Services if we determine that you do not meet the eligibility criteria or have violated these Terms.

Proprietary Rights

All materials and intellectual property on the Site, including but not limited to text, graphics ,logos, videos, software, and other content (collectively referred to as “Content”), are owned by SSA or licensed to SSA and are protected by copyright, trademark, and other intellectual property laws

1. Use of Content: SSA grants you a limited, revocable, non-transferable, and non-exclusive license to access the Site and use the Content solely for personal ,non-commercial purposes. Any unauthorized use of the Content is strictly prohibited and constitutes a breach of these Terms.
2. Restrictions: You agree not to:
   • Reproduce, distribute, or publicly display any Content without SSA’s prior written consent.
   • Modify or create derivative works based on the Content
   • Reverse engineer or attempt to extract the source code of any software or systems used by SSA.
   • Use the Content in any manner that infringes on the rights of SSA or third parties.

SSA reserves all rights not expressly granted to you under these Terms. Any breach of this section will result in the immediate termination of your access to the Site and may subject you to legal action.

Disclaimer of Warranties

SSA provides the Site and Services on an "as is" and "as available" basis, without any express or implied warranties. This includes, but is not limited to:

1. Performance Guarantees: SSA does not guarantee uninterrupted or error-free operation of the Site or Services.
2. Accuracy: While we strive to provide accurate information, SSA does not warrant that the Content or Services will meet your expectations or that any errors will be corrected.
3. Third-Party Services: SSA disclaims any liability for the reliability or performance of third-party services that may be integrated with our Site or Services.

Limitation of Liability

SSA’s liability to you is limited as follows:

1. No Consequential Damages: SSA is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities.
2. Capped Liability: SSA’s total liability under these Terms shall not exceed the amount you have paid to SSA in the 90 days preceding the claim.

These limitations apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold SSA harmless from any claims, liabilities, damages, or expenses arising from:

1. Your breach of these Terms or any agreements with SSA.
2. Your misuse of the Site or Services.
3. Your violation of the rights of any third party.

SSA reserves the right to assume exclusive defense and control of any matter subject to indemnification at your expense.

1. Refund and Replacement Policy: SSA does not offer refunds for services rendered. However, under certain conditions, clients maybe eligible for replacement products or refunds for unsold inventory. Eligibility is outlined in your service agreement and is contingent upon inventory being returned to SSA in original condition and packaging at your expense.
2. Sales Guarantee: SSA guarantees $50,000 in sales within six (6) months, provided that clients meet the required inventory investment of $30,000 and adhere to all contractual terms. If this threshold is not met, SSA will manage the store at no additional cost until the target is achieved.
3. Store Buyback Program: Clients may qualify for SSA’s Store Buyback Program if their store does not achieve profitability targets within three (3) years. Participation requires adherence to specific terms, including continuous operation of the store and a cumulative inventory investment of at least 12 times the initial payment. Exclusions apply to residents of certain states as outlined in the agreement.

Class Action Waiver

All disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, or any services provided by Smart Sellers Academy Inc. (“SSA”) must be resolved on an individual basis. By entering into this agreement, you expressly waive any right to bring or participate in any class action, consolidated, or representative proceeding against SSA, whether in arbitration, litigation, or any other legal forum.

Key Provisions of the Class Action Waiver

1. Individual Resolution: You agree that any claims or disputes will be resolved solely between you and SSA, without involving other individuals or entities. This includes, but is not limited to, claims that could be brought as part of a class action, collective action, or any similar proceeding.
2. No Consolidation of Claims: Claims of multiple parties may not be combined into a single proceeding, whether by consolidation, joinder, or any other method, unless all parties involved, including SSA, provide explicit written consent.‍
3. Arbitration Restrictions: If a dispute proceeds to arbitration, the arbitrator will have no authority to hear or decide any class action claims or consolidated claims. The arbitrator may only resolve disputes or claims involving you and SSA individually.
4. If Waiver Is Found Unenforceable: If any court or arbitrator determines that this Class Action Waiver is invalid or unenforceable, any purported class action or consolidated claim will not proceed in arbitration but must instead be litigated in a court of competent jurisdiction. In such cases, the dispute must still be resolved on an individual basis unless otherwise required by law.
5. Scope of Waiver: This waiver applies to all claims, regardless of whether they are based on contract, tort, statute, regulation, or any other legal theory. The waiver also extends to claims for injunctive or declaratory relief, damages, penalties, or other forms of legal remedy.
6. Notice to Potential Claimants: By agreeing to these Terms, you understand and acknowledge that you are giving up your right to participate as a representative or member of any class or collective action against SSA.
7. Exceptions: This waiver does not preclude you from bringing individual claims in small claims court, where permitted by applicable law, as long as those claims are not consolidated with other parties’ claims.

Acknowledgment and Acceptance

By agreeing to these Terms, you affirm that you have read and understood this Class Action Waiver and voluntarily agree to its provisions. You further agree that this waiver is a material and essential part of the Terms of Service and that SSA would not enter into these Terms without your agreement to this provision.

This Class Action Waiver survives the termination of your use of the Site, services provided by SSA, or any contractual relationship between you and SSA.

Dispute Resolution

Disputes will be resolved exclusively through binding arbitration in New York City, New York, in accordance with the American Arbitration Association’s rules.

Notices

Notices to SSA must be sent to:

Smart Sellers Academy Inc.

40 Wall Street FL 28, Unit 2745

New York, NY 10005

SSA may provide notices to you through email, phone, or mail to the contact information you provide.

Last Updated: 111/12/2024

By using our website and services, you acknowledge that you have read and agree to these Terms of Service. Thank you for choosing Smart Sellers Academy.

Thank you for trusting Smart Sellers Academy.

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