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‍The use of SellMySellerAccount.co (along with all subdomains, collectively, hereafter the “Website”), which is owned and maintained by Growth Accounts LTD (“SELL MY SELLER ACCOUNT,” “SELL MY SELLER ACCOUNT, SMSA” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or subscribing over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website.

‍THIS IS A BINDING AGREEMENT. THESE TERMS OF USE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU” OR “CUSTOMER”) AND SELL MY SELLER ACCOUNT AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE AND ATTEMPTED USE OF THE WEBSITE AND THE SERVICES PROVIDED BY SELL MY SELLER ACCOUNT.

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‍1. Website Use

2. Website User Conduct and Restrictions

3. Our Privacy Policy and Your Personal Information

4. Prohibited Use of the Site

5. Information You Provide; Registration; Usernames and Passwords

6. DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY

7. Your Responsibilities in Running Your Business

8. Testimonials, Reviews, and Pictures/Videos

9. DISCLAIMERS OF OTHER WARRANTIES

10. LIMITATIONS OF LIABILITIES

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

12. SELL MY SELLER ACCOUNT’s Additional Remedies

13. Indemnification

14. Notice and Takedown Procedures; Copyright Agent

15. Third-Party Links

16. Termination

17. No Waiver

18. Governing Law and Venue

19. Force Majeure

20. Assignment

21. Electronic Signature

22. Changes to the Agreement

23. Severability

24. Entire Agreement

25. Contacting Us

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, icons, video and audio clips, personal training sessions, marketing tips and strategies, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The SELL MY SELLER ACCOUNT trademark and logo are proprietary marks of Growth Accounts LTD, and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, tradename, copyrighted material, patent, trade dress, trade secret, or confidential information owned by SELL MY SELLER ACCOUNT.

Subject to your continued strict compliance with all Terms, SELL MY SELLER ACCOUNT provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

We respect your privacy and the use and protection of your and your business’s non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://www.sellmyselleraccount.co/privacy_policy. SELL MY SELLER ACCOUNT reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.

As a SELL MY SELLER ACCOUNT user, you may be required to create an account for your business with SELL MY SELLER ACCOUNT. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your business’s SELL MY SELLER ACCOUNT user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your business’s user account, to any unauthorized third party. You are fully responsible for all transactions with, and information conveyed to, SELL MY SELLER ACCOUNT under your business’s user account. You agree to immediately notify SELL MY SELLER ACCOUNT of any unauthorized use of your password or user name or any other breach of security related to your business’s user account. You and your business agree that SELL MY SELLER ACCOUNT is not liable, and you will hold SELL MY SELLER ACCOUNT harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 13 below for additional information.

Every business is different, employing different strategic approaches and organizational structures, and offering different services and products. Therefore, individual results will vary from user to user. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR LOCATION, BUSINESS MODEL, STAFF, AND SERVICE AND PRODUCT OFFERINGS.

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You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. SELL MY SELLER ACCOUNT shall have no liability for your or your business’s violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. SELL MY SELLER ACCOUNT shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify SELL MY SELLER ACCOUNT as set out in Section 13 below in the event that you and/or your business violates any law or Amazon Terms of Service and a claim is threatened or asserted against SELL MY SELLER ACCOUNT as a result. You understand and agree that in running your business, transactions may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL SELL MY SELLER ACCOUNT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, SELL MY SELLER ACCOUNT IS FOUND LIABLE UNDER ANY THEORY, SELL MY SELLER ACCOUNT’S LIABILITY AND YOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR YOUR BUSINESS PAID TO SELL MY SELLER ACCOUNT IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR BUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER SELL MY SELLER ACCOUNT WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU OR YOUR BUSINESS.

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If you or your business has a complaint, dispute, or controversy, you and your business agree to first contact us at a@sellmyselleraccount.co to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any service, product, or information, or your and your business’s relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 12 and 13 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Los Angeles California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms of Use. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you, your business or SELL MY SELLER ACCOUNT.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, and regardless of which party partially or fully prevails, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You, your business, and SELL MY SELLER ACCOUNT agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide or other representative basis, nor consolidated with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You, your business, and SELL MY SELLER ACCOUNT expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. 1-16, as amended.

This provision survives termination of your account or relationship with SELL MY SELLER ACCOUNT, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $5,000.00.

In order to prevent or limit irreparable injury to SELL MY SELLER ACCOUNT, in the event of any breach or threatened breach by you or your business of the provisions of this Agreement or any infringement or threatened infringement by you or your business of the intellectual property of SELL MY SELLER ACCOUNT or a third-party, SELL MY SELLER ACCOUNT shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Los Angeles California enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting SELL MY SELLER ACCOUNT from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Los Angeles California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SELL MY SELLER ACCOUNT, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, information, services, or products, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

If you believe that materials or content available on any SELL MY SELLER ACCOUNT website infringes any copyright you own, you or your agent may send SELL MY SELLER ACCOUNT a notice requesting that SELL MY SELLER ACCOUNT remove the materials or content from the SELL MY SELLER ACCOUNT website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send SELL MY SELLER ACCOUNT a counter-notice. Notices and counter-notices should be sent to SELL MY SELLER ACCOUNT.

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YADEGAR LAW

PC118 S. Beverly Drive

Suite 200

Beverly Hills, CA 90210

or by email to kim@GrowthAccounts.com.

The Website may contain links to other websites. SELL MY SELLER ACCOUNT assumes no responsibility for the content or functionality of any non-SELL MY SELLER ACCOUNT website to which we provide a link. Please see our Privacy Policy for more details.

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect that you or your business have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your and your business’s access to the Website at any time without notice. Sections 6, 16 through 20, and 25 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with SELL MY SELLER ACCOUNT.

Sections 6 through 13, 15, and 17 through 24 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you and/or your business, shall survive the termination of this Agreement and/or your or your business’s account or relationship with SELL MY SELLER ACCOUNT.

Upon termination, you and your business remain responsible for any outstanding payments to SELL MY SELLER ACCOUNT on a non-prorated basis.

No failure or delay on the part of SELL MY SELLER ACCOUNT in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by SELL MY SELLER ACCOUNT.

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your or your business’s access to or use of the Website, our Privacy Policy, or any matter concerning SELL MY SELLER ACCOUNT shall be governed exclusively by the laws of the State of California without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 11 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Los Angeles California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis. The parties will bear their own respective costs and attorneys’ fees, regardless of which party prevails.

SELL MY SELLER ACCOUNT will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of SELL MY SELLER ACCOUNT. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. SELL MY SELLER ACCOUNT shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

SELL MY SELLER ACCOUNT may assign its rights under this Agreement at any time, without notice. Your and your business’s rights and obligations under this Agreement cannot be assigned without SELL MY SELLER ACCOUNT’s (or its assigns’) express written consent.

All information communicated on the Website is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You can review the most current version of the Terms at any time at https://www.sellmyselleraccount.co. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your and your business’s continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and SELL MY SELLER ACCOUNT, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

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