Terms of Service
The Short Version
- You are responsible for the security of your account. Keep your password secret
and let us know if there's a problem.
- Don't upload data to Selloscope that is you don't have rights to, that is illegal,
or that contains destructive content such as viruses.
- You own your data. You may download or delete it at any time. Selloscope may not
maintain a backup in the event you choose to delete your data.
- Selloscope is a paid service. You may cancel at any time. Late payment will result
in Selloscope discontinuing your service, which may affect the functionality of
your site or app.
- Selloscope is a new service and may change or alter its product or service offerings
at any time, without notice.
- If you get into any legal trouble as a result of using or misusing Selloscope's
service, you hold Selloscope harmless.
The Long Version
The following terms and conditions govern all use of the Selloscope.com website
and all content, services and products available at or through the website and associated
services, including, but not limited to, the Selloscope.com Recommendation Service
(“The Service”), (taken together, the Website). The Website is owned and operated
by Spulzie LLC (“Selloscope”). The Website is offered subject to your acceptance
without modification of all of the terms and conditions contained herein and all
other operating rules, policies (including, without limitation, Selloscope's Privacy
Policy) and procedures that may be published from time to time on this Site by Selloscope
(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing
or using any part of the web site, 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 Selloscope, acceptance is expressly limited to these
terms. You may use the Services only if you can form a binding contract with Selloscope
and are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You may use the Services only in compliance
with these Terms and all applicable local, state, national, and international laws,
rules and regulations.
The Services that Selloscope provides are always evolving and the form and nature
of the Services that Selloscope provides may change from time to time without prior
notice to you. In addition, Selloscope may stop (permanently or temporarily) providing
the Services (or any features within the Services) to you or to users generally
and may not be able to provide you with prior notice. We also retain the right to
create limits on use and storage at our sole discretion at any time without prior
notice to you.
which governs our collection and use of your information. You understand that through
your use of the Services you consent to the collection and use (as set forth in
to the United States and/or other countries for storage, processing and use by Selloscope.
As part of providing you the Services, we may need to provide you with certain communications,
such as service announcements and administrative messages. These communications
are considered part of the Services and your Selloscope account, which you may not
be able to opt-out from receiving.
1. Your Selloscope.com Account. If you register to use the Service, you are responsible
for maintaining the security of your account, and you are fully responsible for
all activities that occur under the account and any other actions taken in connection
with the account. You may not use data from other sites or services that in any
way violates those sites' terms of service, and you are solely responsible for ensuring
that you own all necessary rights to any data submitted to Selloscope for processing.
Selloscope may change or remove any accounts that it considers inappropriate or
unlawful, or otherwise likely to cause Selloscope liability. You must immediately
notify Selloscope of any unauthorized uses of your account or any other breaches
of security. Selloscope will not be liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Users. If you use the Service to upload information for processing
(any such data or information, "Data") or otherwise make resulting material available
(any such material, “Content”), You are entirely responsible for the content of,
and any harm resulting from, that Content. That is the case regardless of whether
the Content in question constitutes text, graphics, audio files, URLs, computer
software, Internet profiles, or any other item processable by Selloscope or resulting
from recommendations or links provided by Selloscope.
You are responsible for your use of the Services, for any Data or Content you provide,
and for any consequences thereof, including the use of your Content by other users
and third parties that may use or link to your Content. You understand that your
Content may be linked to, broadcasted, or otherwise made available by third party
sites or services, and if you do not have the right to submit Content for such use,
it may subject you to liability. Selloscope will not be responsible or liable for
any use of your Content in accordance with these Terms. You represent and warrant
that you have all the rights, power and authority necessary to grant the rights
granted herein to any Data that you submit or Content that you make available.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and
have done all things necessary to successfully pass through to end users any required
- the Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine rankings
of third party sites, or to further unlawful acts (such as phishing) or mislead
recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, does not contain threats or incite violence
towards individuals or entities, and does not violate the privacy or publicity rights
of any third party;
- the Service is not used to generate unwanted electronic messages such as spam links
on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional
- your web site or service is not named in a manner that misleads your readers into
thinking that you are another person or company. For example, your blog’s URL or
name is not the name of a person other than yourself or company other than your
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by Selloscope or otherwise.
- all Data you submit to Selloscope, all resulting Content, and your application of
the Service are legal (for example, applications involving Content such as copyright-protected
material (for which you do not own the copyright) and child pornography.) Selloscope
does not and cannot monitor all Content; however, any illegal Content detected by
Selloscope will be immediately reported to the appropriate authorities.
Selloscope makes no claim to Data submitted by You or any resulting Content. Selloscope
will not reproduce, modify, or adapt your Data or Content, and you may remove any
or all such records at any time. If you delete Data or Content, Selloscope offers
no recourse for recovering such data. Selloscope will remove your data from the
Website, but you acknowledge that caching or third-party references to your Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, Selloscope has the
right (though not the obligation) to, in Selloscope's sole discretion (i) refuse
or remove any content that, in Selloscope's reasonable opinion, violates any Selloscope
policy or is in any way harmful or objectionable, or (ii) terminate or deny access
to and use of the Website to any individual or entity for any reason, in Selloscope's
sole discretion. Selloscope will have no obligation to provide a refund of any amounts
3. Fees and Payment. Paid services are available on the Website. By selecting a
paid service you agree to pay Selloscope the monthly or annual subscription fees
indicated for that service. Payments will be charged on the day you sign up for
a paid service and will cover the use of that service for a monthly or annual period
as indicated. Service fees are not refundable.
4. Services. Fees; Payment. By signing up for the Service you agree to pay Selloscope
any setup fees and monthly hosting fees indicated at http://www.selloscope.com/content/Rates
in exchange for the services listed at http://www.selloscope.com/content/WhatIsSelloscope.
Applicable fees will be invoiced starting from the day your Services are established
and in advance of using such services (with the exception of any current trial offers.)
Selloscope reserves the right to change the payment terms and fees upon thirty (30)
days prior written notice to you. Services can be canceled by you at anytime prior
to rebilling through the Website or on 30 days written notice to Selloscope. Support.
Services include access to email support. “Email support” means the ability to make
requests for technical support assistance by email at any time (with reasonable
efforts by Selloscope to respond within one business day) concerning the use of
the Services. All Services support will be provided in accordance with Selloscope
standard Services practices, procedures and policies.
5. Responsibility of Website Visitors. Selloscope has not reviewed, and cannot review,
all of the Data posted to the Website, and cannot therefore be responsible for that
material’s content, use or effects. By operating the Website, Selloscope does not
represent or imply that it endorses the material there posted, or that it believes
such material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. The Website may
contain content that is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of
third parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. Selloscope disclaims any responsibility
for any harm resulting from the use by users of the Website, or from any downloading
by any visitors of related Content made available.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all
of the Content made available through the websites and webpages to which Selloscope.com
or Your Website or Service links, and that link to Selloscope.com. Selloscope does
not have any control over those third-party websites and operations, and is not
responsible for their contents or their use. By processing Data from a non-Selloscope
website or service, Selloscope does not represent or imply that it endorses such
website or service. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. Selloscope disclaims any responsibility for any
harm resulting from your use of non-Selloscope websites and services.
7. Copyright Infringement and DMCA Policy. As Selloscope asks others to respect
its intellectual property rights, it respects the intellectual property rights of
others. If you believe that Data submitted to or Content processed by Selloscope.com
violates your copyright, you are encouraged to notify Selloscope in accordance with
Selloscope's Digital Millennium Copyright Act (“DMCA”) Policy. Selloscope will respond
to all such notices, including as required or appropriate by removing the infringing
material or disabling all accounts associated with the infringing material. In the
case of a user who may infringe or repeatedly infringes the copyrights or other
intellectual property rights of Selloscope or others, Selloscope may, in its discretion,
terminate or deny access to and use of the Website. In the case of such termination,
Selloscope will have no obligation to provide a refund of any amounts previously
paid to Selloscope.
8. Intellectual Property. This Agreement does not transfer from Selloscope to you
any Selloscope or third party intellectual property, and all right, title and interest
in and to such property will remain (as between the parties) solely with Selloscope.
Selloscope, Selloscope.com, the Selloscope.com logo, and all other trademarks, service
marks, graphics and logos used in connection with Spulzie LLC, Selloscope, Selloscope.com,
or the Website are trademarks or registered trademarks of Selloscope or Selloscope's
licensors. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any Selloscope or third-party
9. Changes. Selloscope reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Website following
the posting of any changes to this Agreement constitutes acceptance of those changes.
Selloscope may also, in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
10. Termination. Selloscope may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your Selloscope.com account, such account
can only be terminated by Selloscope if you materially breach this Agreement and
fail to cure such breach within thirty (30) days from Selloscope's notice to you
thereof; provided that, Selloscope can terminate the Website immediately as part
of a general shut down of our service. All provisions of this Agreement which by
their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations
11. Disclaimer of Warranties. The Website is provided “as is”. Selloscope and its
suppliers and licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither Selloscope nor its suppliers and
licensors, makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you obtain services
through the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Selloscope, or its suppliers or licensors,
be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement or substitute
products or services; (iii) for interruption of use or loss or corruption of data;
or (iv) for any amounts that exceed the fees paid by you to Selloscope under this
agreement during the twelve (12) month period prior to the cause of action. Selloscope
shall have no liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your
with this Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including
all applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your use of the Website
will not infringe or misappropriate the intellectual property rights of any third
14. Indemnification. You agree to indemnify and hold harmless Selloscope, its contractors,
and its licensors, and their respective directors, officers, employees and agents
from and against any and all claims and expenses, including attorneys’ fees, arising
out of your use of the Website, including but not limited to your violation of this
15. Miscellaneous. This Agreement constitutes the entire agreement between Selloscope
and you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Selloscope, or by the posting
by Selloscope of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the state of Texas, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or relating to
any of the same will be the state and federal courts located in Collin or Dallas
County, Texas. Except for claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any competent court without
the posting of a bond), any dispute arising under this Agreement shall be finally
settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration
and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance
with such Rules. The arbitration shall take place in or near Dallas, Texas, in the
English language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled to
costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable,
that part will be construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term
or condition of this Agreement or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof. You may assign
your rights under this Agreement to any party that consents to, and agrees to be
bound by, its terms and conditions; Selloscope may assign its rights under this
Agreement without condition. This Agreement will be binding upon and will inure
to the benefit of the parties, their successors and permitted assigns.
These Services are operated and provided by Spulzie LLC, 5435 North Garland Ave.
Ste. 140 #232 Garland, TX 75040. If you have any questions about these Terms, please
Effective: March 20, 2010
Thoughts or questions about these Terms?
Please let us know.
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site that provides such a service, and Selloscope would like to extend its sincere
thanks for making available its Terms of Service under the Create Commons
Sharealike license. WordPress, you guys rock.