Terms & Conditions
Last updated: September 27, 2024
Welcome to SellerSail, owned and operated by 4B ADVISORS INC ("SellerSail," "we," "our," or "us"). These Terms and Conditions ("Terms") are a binding agreement between you and SellerSail governing your access to and use of our website, sellersail.com (the "Site"), along with all associated products and services provided by SellerSail (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE THAT REQUIRES THE WAIVER OF JURY TRIALS AND CLASS ACTIONS, AS WELL AS A CLAUSE LIMITING OUR LIABILITY AND SPECIFYING THE GOVERNING LAW AND JURISDICTION FOR DISPUTE RESOLUTION.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity, you confirm that you have the authority to bind that organization or entity to these Terms (in which case, “you” and “your” will refer to that organization or entity).
BY USING THE SITE, AND THE SERVICES, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY CAPABLE OF ENTERING INTO A CONTRACT.
1. Privacy Policy and Additional Terms
Our Privacy Policy and Data Protection Addendum outline how we collect, use, and share your personal information. By using the Services, you agree to comply with our Privacy Policy, which is incorporated into these Terms by reference.
Additionally, your use of the Services may be governed by specific policies, rules, or guidelines (the "Additional Terms") referenced within these Terms or that we may provide through the Services from time to time. All such Additional Terms are hereby incorporated into these Terms and become part of your agreement with SellerSail.
2. Access and Use of the Site and Services
2.1 License. Subject to these Terms, SellerSail grants you a revocable, non-transferable, non-exclusive, and limited license to access and use the Services for your own internal business operations.
2.2 Restrictions. The rights granted to you under these Terms come with the following limitations: (a) you are prohibited from licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Services, or any part of the content displayed within them; (b) you are not allowed to alter, create derivative works from, disassemble, reverse compile, or reverse engineer any portion of the Services; (c) accessing the Services for the purpose of developing a similar or competing product, service, or website is not permitted; (d) you must not post content or interact with the Services in any manner that is fraudulent, defamatory, abusive, obscene, offensive, harassing, or unlawful; (e) you may not use the Services for unlawful purposes or in violation of any law, regulation, statute, permit, or ordinance; (f) the Services must not be used in any way that infringes upon or misappropriates the intellectual property rights, copyrights, patents, trademarks, trade secrets, privacy, publicity, or any other proprietary rights of any third party; and (g) unless expressly permitted, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any manner or medium. Any updates, enhancements, or additional features added to the Services will be governed by these Terms. All copyright and proprietary notices on the Services, or any content provided within, must be preserved on all copies.
2.3 Modification. SellerSail reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. You agree that SellerSail will not be held responsible or liable to you or any third party for any modifications, suspensions, or discontinuations of the Services, in full or in part.
2.4 Support and Maintenance. While we aim to provide support and maintenance as we see necessary, SellerSail is not obliged to offer you any support or maintenance for the Services.
2.5 Ownership. All intellectual property rights, including copyrights, trademarks, patents, and trade secrets associated with the Services and their content, are owned by SellerSail or its suppliers. Neither these Terms nor your use of the Services transfers any rights, titles, or interests to you or any third party, except for the limited access rights granted in Section 3.1. All rights not expressly granted to you are retained by SellerSail and its suppliers. No implied licenses are provided under these Terms.
2.6 Application Process. You agree to the following terms regarding your application process:
- Any timelines provided by us for application processing are estimates and may vary due to factors outside of our control, such as delays by the state in which the entity is being formed, the IRS, our banking partners, or other third parties.
- If you decide to cancel your application before it is submitted to a state or government agency, you may be eligible for a refund. However, any refunds are at SellerSail's discretion. Once your application is under review by a state or government agency, or if any third-party service provider delivers unsatisfactory services, no refund will be issued.
- After an entity is formed in a particular state, its name cannot be changed.
- We are unable to provide our services for individuals residing in certain countries, including Russian Federation, Belarus, Burundi, Central African Republic, Cuba, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Libya, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, and Zimbabwe.
- You are solely responsible for any legal, tax, or other fees associated with operating your entity that are not covered by the plan purchased from SellerSail.
- All documents generated during the process will be provided digitally and securely shared with you online. Physical copies are not available.
- Banks we partner with operate as independent third parties. We do not control their review processes or underwriting decisions. While we provide support throughout the application process, the final decision to open a bank account through institutions such as Payoneer, Brex, Mercury, Piermont Bank, or any others, rests solely with the respective bank. Therefore, we cannot guarantee account approval.
2.7 Feedback. You agree that any feedback, suggestions, or comments you provide regarding the Services ("Feedback") become the sole property of SellerSail. By providing such Feedback, you irrevocably assign all rights, titles, and interests in the Feedback to SellerSail. Any data generated through your use of the Services is owned by SellerSail and will be handled in accordance with our Privacy Policy, as applicable.
3. Your Content
You are entirely responsible for the accuracy, content, and legality of any data and information you provide to SellerSail or transmit through the Services ("Your Content"). As between you and SellerSail, you retain ownership of all Your Content. You represent and warrant that Your Content does not and will not infringe on any third-party rights, including, but not limited to, intellectual property rights or privacy rights. SellerSail reserves the right, at its sole discretion, to reject or remove any of Your Content that is believed to be in violation of these Terms. You grant SellerSail the following rights: (i) a nonexclusive, global, fully-paid, royalty-free license to download, access, collect, receive, modify, copy, store, retain, and use Your Content as necessary to provide and support the Services, or as directed by you, as well as to develop and enhance the Services; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to collect, store, use, modify, distribute, and disclose Your Content in an aggregated and anonymized format, along with any inferred insights related to Your Content, for any purpose, provided that such disclosure does not identify you or any third party by name or any other description that would reasonably identify you or such third party as the source or subject of the information.
4. Payment
When purchasing the Services from SellerSail, you agree to the pricing and payment terms as specified on the Services or as separately agreed upon in writing between you and SellerSail. Payments will be processed through invoices, and SellerSail reserves the right to introduce new features for additional fees or modify fees for existing features at its discretion. Any pricing changes will take effect in the billing cycle following notification of such changes to you, in accordance with these Terms. Your continued use of the Services after a price change is implemented signifies your agreement to the updated pricing.
All fees, including applicable taxes and transaction charges, are in U.S. Dollars. You are required to provide accurate and up-to-date payment information when purchasing the Services and must promptly inform us of any changes. Any recurring fees will be invoiced and are due in accordance with the payment schedule set forth in the invoice, continuing until the Services are canceled per these Terms.
SellerSail is not responsible for any fees or charges incurred by you as a result of invoicing or payment for the Services, as outlined in these Terms. By providing your payment details, you authorize SellerSail to invoice you and collect payments for any fees as they become due without requiring further notice or approval.
All payments are non-refundable, with no partial refunds or credits for periods of unused Services. However, if you choose to cancel, your access to the Services will continue until the end of the current paid period, if applicable.
5. Third-Party Links & Advertisements; Interactions with Other Users
5.1 Third-Party Links & Advertisements. The Services may include links to third-party websites, services, or display advertisements (collectively, “Third-Party Links & Ads”). These Third-Party Links & Ads are not under SellerSail's control, and SellerSail assumes no responsibility for them. They are provided for your convenience, and SellerSail does not review, endorse, approve, monitor, warrant, or make any representations about these Third-Party Links & Ads. Your use of Third-Party Links & Ads is at your own risk, and you should exercise caution and discretion when interacting with them. By clicking on any Third-Party Links & Ads, you are subject to the applicable third party’s terms, including their privacy policies and data collection practices. It is recommended that you conduct any necessary investigation or due diligence before engaging in any transaction related to such Third-Party Links & Ads.
5.2 Interactions with Other Users. Any interactions between you and other users of the Services are solely between you and those users. SellerSail is not responsible for any loss or damage resulting from such interactions. In the event of any dispute between you and another user of the Services, SellerSail is not obligated to intervene or mediate.
6. Disclaimers
6.1 General Disclaimers. The Services are offered "as is" and "as available." SellerSail and its suppliers expressly disclaim all warranties and conditions, whether explicit, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular use, title, quiet possession, accuracy, and non-infringement. We do not guarantee that the Services will fulfill your needs or be provided uninterruptedly, in a timely manner, securely, without errors, or that they will be accurate, reliable, free of viruses or harmful elements, comprehensive, legal, or safe. To the extent that any warranties are legally required, such warranties are limited to a duration of ninety (90) days from your initial use.
Certain jurisdictions may not allow the exclusion of implied warranties, so the above exclusions might not apply to you. Likewise, some jurisdictions do not permit limits on the length of implied warranties, so the above limitations may also not apply.
6.2 Specific Service Disclaimers. Please note that SellerSail is not a law firm and cannot provide formal legal counsel. Information provided on the website or through communications (such as email, WhatsApp, Slack, SMS, Zoom, Intercom, or any other digital communication channels) should not be considered as legal advice. Furthermore, unless explicitly provided by our in-house CPA, such communications should not be regarded as official tax advice. If you require legal advice, you should consult with a licensed attorney, and for tax-related matters, seek guidance from a qualified tax professional.
7. Limitation of Liability
To the fullest extent permitted by law, SellerSail and its suppliers will not be liable to you or any third party for any loss of profits, loss of data, costs related to procuring substitute goods or services, or for any indirect, consequential, exemplary, incidental, special, or punitive damages that arise out of or relate to these Terms or your use of, or inability to use, the Services, even if SellerSail has been informed of the potential for such damages. Accessing and using the Site is at your sole discretion and risk, and you are responsible for any damage to your device, computer system, or data loss resulting from such access or use.
To the greatest extent allowed by law, and regardless of any other provision in these Terms, our total liability to you for any and all damages arising out of or related to these Terms (for any reason and in any form of action) will not exceed fifty U.S. dollars (U.S. $50). The presence of multiple claims will not increase this limit. You also acknowledge that our suppliers bear no liability of any kind that arises from or relates to these Terms.
Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so these limitations or exclusions may not apply to you.
8. Term and Termination
These Terms will remain in effect while you use the Services, unless terminated under this Section. SellerSail may suspend or revoke your rights to use the Services (including your account) at any time and for any reason, at its sole discretion, including any misuse or violation of these Terms. Once your rights under these Terms are terminated, your account and your access to the Services will cease immediately. SellerSail will not be liable to you for any termination of your rights under these Terms, including the deactivation of your account. Certain sections of these Terms will continue to be effective even after termination, specifically Sections 1, 3, 4, and 6-12.
9. Indemnification and Release
9.1 Indemnification. You agree to defend, indemnify, and hold SellerSail (and its officers, employees, and agents) harmless from any claim or demand made by a third party, including reasonable legal fees, that arises out of or relates to: (a) your use of the Services, (b) your breach of these Terms, (c) your violation of any laws or regulations, (d) the nature or content of all information and data you provide to the Services (“Your Content”), and (e) any infringement of third-party rights. SellerSail reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate in our defense of such claims. You also agree not to settle any claims without SellerSail's prior written consent. SellerSail will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as it becomes aware.
9.2 Release. You hereby release and forever discharge SellerSail (including its officers, employees, agents, successors, and assigns) from, and you waive and relinquish any and all disputes, claims, controversies, demands, rights, obligations, liabilities, actions, or causes of action of any kind (including those related to personal injury, death, or property damage) that have arisen, may arise, or are related to the Services. This includes any issues arising directly or indirectly from your interactions with other users of the Services or through any Third-Party Links & Ads.
10. Changes
These Terms may be updated from time to time. If we make any significant modifications, we may notify you by emailing you at the most recent email address you provided (if available) and/or by posting a notice of changes prominently on our Services. It is your responsibility to provide your current and active email address. If the email address you supplied is not valid or cannot receive the notification for any reason, our sending of the email will still constitute effective notice of any changes described. Any updates to these Terms will become effective either 10 calendar days following the dispatch of the email notice to you (if applicable) or 10 calendar days after we post notice on our Services, whichever is earlier. For new users, any changes will take effect immediately. Continued use of our Services after notice of such changes implies your acceptance of and agreement to the revised terms.
11. Arbitration Agreement and Dispute Resolution
Please read this Arbitration Agreement carefully, as it forms part of your agreement with SellerSail and impacts your legal rights. It includes provisions for MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
11.1 Applicability of Arbitration Agreement. Any disputes or claims related to these Terms or any product or service provided by SellerSail that cannot be resolved informally or through small claims court must be resolved by binding arbitration on an individual basis, under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and SellerSail, as well as any affiliates, agents, employees, predecessors, successors, and assigns, along with any authorized or unauthorized users or beneficiaries of the Services.
11.2 Notice Requirement and Informal Dispute Resolution. Before either party initiates arbitration, a written Notice of Dispute (“Notice”) outlining the nature of the claim and the desired relief must be sent to the other party. Notices to SellerSail should be addressed to 3524 Silverside Rd Ste 35B, Wilmington, DE 19810. Upon receipt, both parties will have 30 days to attempt to resolve the dispute informally. If a resolution is not reached within this period, either party may commence arbitration proceedings. The amount of any settlement offer made will not be disclosed to the arbitrator until after they have determined the amount of the award.
11.3 Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”) or an agreed-upon alternative dispute resolution provider if AAA is unavailable. The applicable rules of the chosen provider will govern all aspects of the arbitration, except where they conflict with these Terms. The AAA Consumer Arbitration Rules are available atwww.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by a neutral arbitrator. Claims involving amounts less than $10,000 may be resolved through non-appearance-based arbitration, as chosen by the party seeking relief. For claims over $10,000, the right to a hearing will be determined based on the Arbitration Rules. Hearings will generally take place within 100 miles of your residence unless otherwise agreed. If you are outside the U.S., the arbitrator will provide reasonable notice for any hearings. The arbitrator’s decision can be enforced in a court of competent jurisdiction. If the arbitrator awards you more than SellerSail's last settlement offer, you will receive the greater of the award or $2,500. Each party will cover their own costs, including legal fees, and share the fees of the arbitration provider.
11.4 Additional Rules for Non-Appearance Arbitration. If non-appearance arbitration is chosen, the process may be conducted via phone, online, or based on written submissions only, as selected by the party initiating arbitration. No personal appearances by parties or witnesses will be required unless mutually agreed.
11.5 Time Limits. Arbitration actions must be initiated within the applicable statute of limitations and within any deadline outlined in the AAA Rules for the claim in question.
11.6 Authority of Arbitrator. The arbitrator will determine the rights and obligations of both parties, and no disputes may be combined with other matters or consolidated with other parties’ cases. The arbitrator has the authority to issue rulings that resolve all or parts of any claim, award monetary damages, and grant any relief available under the law, AAA Rules, and these Terms. A written statement with the arbitrator’s decision, including a breakdown of awarded damages, will be provided. The arbitrator's decision is final and binding.
11.7 Waiver of Jury Trial. BOTH PARTIES HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT OR HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. All claims and disputes must be resolved through arbitration. Arbitration procedures are typically more limited and streamlined than court proceedings and are subject to limited review. In cases where court litigation occurs to vacate or enforce an arbitration award, BOTH PARTIES WAIVE ANY RIGHTS TO A JURY TRIAL, opting for resolution by a judge instead.
11.8 Waiver of Class or Consolidated Actions. All claims and disputes subject to this Arbitration Agreement must be arbitrated or litigated individually and not on a class or collective basis. Multiple customer or user claims cannot be combined or litigated together.
11.9 Confidentiality. All aspects of the arbitration, including the award and its compliance, are strictly confidential. The parties agree to maintain confidentiality, except as required by law. This does not prevent parties from providing information to a court to enforce this Agreement, an arbitration award, or seek equitable relief.
11.10 Severability. If any part of this Arbitration Agreement or these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that part will be nullified while the remainder will continue in effect.
11.11 Right to Waive. Any party may waive any or all of the rights or limitations in this Arbitration Agreement. Such a waiver does not affect any other aspect of this Agreement.
11.12 Survival of Agreement. The Arbitration Agreement will remain effective even after the termination of your relationship with SellerSail.
11.13 Small Claims Court. Notwithstanding the above, either party may bring individual claims in small claims court.
11.14 Emergency Equitable Relief. Either party may seek emergency equitable relief in a court of law to maintain the status quo before arbitration. Requesting interim measures does not constitute a waiver of any rights or obligations under this Arbitration Agreement.
11.15 Claims Not Subject to Arbitration. Claims of defamation, breaches of the Computer Fraud and Abuse Act, and violations of patent, copyright, trademark, or trade secret rights are exempt from this Arbitration Agreement.
11.17 Courts. Where the Arbitration Agreement allows for litigation in court, both parties consent to the jurisdiction of courts located in Delaware.
12. General
12.1 Export. The Services may be subject to U.S. export control laws and applicable import regulations in other countries. You agree not to export, re-export, or transfer, either directly or indirectly, any U.S. technical data obtained from SellerSail or any products derived from such data in violation of U.S. laws and regulations.
12.2 Electronic Communications. Communication between you and SellerSail occurs electronically, whether through your use of the Services, sending emails, or receiving notices via email. For contractual purposes, you (a) agree to receive communications from SellerSail in electronic form; and (b) acknowledge that all terms, agreements, notices, and other communications provided electronically satisfy any legal requirements as if they were delivered in physical form. This does not affect any rights you cannot waive.
12.3 Inquiries. By using SellerSail's services or accessing the SellerSail site or applications, you acknowledge and agree that providing your phone number to SellerSail via the site or applications constitutes an inquiry. You also accept that SellerSail may contact you at the submitted number, even if it is listed on any state or federal do not call registries, considering applicable inquiry exception time frames.
12.4 Entire Agreement. These Terms represent the complete agreement between you and SellerSail regarding your use of the Services. If we fail to exercise or enforce any right or provision within these Terms, it does not constitute a waiver of that right or provision. The headings in these Terms are for reference only and do not hold any legal or contractual significance. The term "including" means "including but not limited to." Should any provision of these Terms be deemed invalid or unenforceable for any reason, the remaining provisions will remain intact, and the invalid provision will be modified to be enforceable to the fullest extent allowed by law. Your relationship with SellerSail is that of an independent contractor, and neither party acts as an agent or partner of the other. You may not assign, subcontract, delegate, or transfer your rights or obligations under these Terms without SellerSail's prior written approval; any unauthorized attempt to do so will be void.