Terms of Service & Agreement, E. James Ranalli, Attorney (Amazon Seller Suspension Attorneys)

 

E. James Ranalli, Attorney (hereinafter also referred to as “We” and/or “Us” and/or “Our” offers to assist Amazon sellers like you and/or your company who have had their account suspended (hereinafter referred to as “you or yours’).  This agreement will start, and is entered into, by your purchasing the service/product (paying the invoice) and thereby you confirm your acceptance of, and agreement to, these terms of use and this agreement.  And, you thereby appoint and authorize Us to implement this service/product.  All Based on the information that you provide Us by email we will review your situation regarding your Amazon seller account, examine the communications between you and Amazon (as you provide same) and any other information that you provide.  It is your responsibility to provide Us with accurate information by email.  Based upon this information that you have provided Us we will provide you with instructions by email on how to deal with and communicate with Amazon and the length, amount and detail of the instructions shall be in Our sole discretion.  It is your responsibility to follow the emailed instructions provided.  Once we have provided you with said instructions we have completed our service to you.  We do not represent or guarantee that our service will result in your Amazon seller account being reinstated.  If reinstated, we do not represent or guarantee that it will not be suspended again in the future.  It is your responsibility to cooperate and communicate with Us until we have completed our service/product.  It is your responsibility to follow Amazon rules and regulations.  You agree that moneys you paid to Us are considered earned by Us upon our receipt of same.  You agree that once you have paid for your services that if your Amazon seller account is reinstated thereafter by or through any means that it is conclusively assumed that We accomplished the reinstatement.  You agree that any request for accelerated / faster service for an increased fee will only be an estimate as to time of completion on Our part and if the actual time of completion exceeds that estimate then the fee decreases by twenty-five percent and that is your only claim and remedy.  Prior to Our completion of the service/product We may, in our sole discretion, terminate this agreement and refund moneys that you have paid Us and there shall be no claim or recourse on your part as against Us in that event for not completing the service/product.  After you have paid Us you may terminate the service/product prior to Our completion, but in that event any refund of moneys, if any, to you will be totally in Our sole discretion and you agree that in such event you shall have no claim or remedy against Us.  You agree that the limit of any claim against US shall be the no more than the actual moneys paid to US.

 

As to these terms and conditions and agreement herein “E. James Ranalli” expressly includes E. James Ranalli and also Cutting Edge Partners, LLC and both of their respective affiliates, agents, contractors, subcontractors, licensees, employees, directors, owners and all associated third party providers.  Cutting Edge Partners, LLC is a limited liability company under the laws of the State of Washington, United States of America.

 

We provide the service/product to you strictly as an independent contractor.  These terms and conditions and agreement shall supersede all previous communications and understandings as between you and Us.  The service/product provided by Us is “as is” without express, statutory or implied warranties of any kind, including, but not limited to implied warranty of merchantability, implied warranty of fitness for a particular and any express or implied warrantee of non-infringement. You bear all risk of loss by using Our service/product.  In using Our service/product you agree that you are solely responsible for your own due diligence and for obtaining your own data and for obtaining your own expert advice in making business and marketing decisions. We do not represent or guarantee positive result(s) and in fact the result(s) may be negative or harmful to you.  We are not responsible for your consequential or resultant damages or your loss of data, loss of your website and/or Amazon account or store status, loss of rank or search engine ranking(s), loss of customers, loss of reputation, loss of income, loss of assets, interruption of third party services to you or any other loss of yours’ no matter of the type or kind of loss/losses and no matter as to the amount of the loss/losses.

 

You agree to defend, indemnify Us and hold Us harmless against any and all claims of liability, demands, judgments, arbitration awards, investigations, pre-litigation(s), litigation(s), administrative cost, costs, losses, damages, judgments, causes of action(s), injunctions, domestic or foreign proceedings, domestic or foreign main proceeding(s), and expenses (including reasonable attorney’s fees and cost and mediation costs) arising out of the service/product provided to you by Us, including, but not limited to your or Our use of trademarks, copyrights, patents, packaging, trade dress, web content, web graphics, domain names, web hosting, text, videos or any other material, property or intellectual property. We have an unlimited perpetual non-revocable right to use your name, logo and its business statistics in marketing and promotional materials without cost. 

 

Any and all liability on Our part arising out of the service/product provided is expressly limited to an aggregate maximum total of USD five hundred dollars or the actual amount paid to Us – which ever amount is the lesser amount.

 

Both you and We agree that in the event that a dispute arises from the invoice or these terms and conditions or agreement that the parties will use the mediation services of the American Arbitration Association (AAA) using their commercial arbitration rules, and abide by the State of Washington law regarding civil mediation and will be bound by the decision of the mediator. The mediation panel shall be comprised of (1) one mediator.  Each party shall select a mediator who in turn shall select the mediator to mediate the case.  The proceeding shall be by binding mediation only with paper only submittal by each party. The mediator shall resolve and decide any and all disputes and issues not resolved between the parties in the mediation process.  The party who initiates mediation shall be solely responsible to pay the entire cost of said AAA services and each party shall be responsible for their own costs and costs of representation in said proceedings.  The prevailing party is not entitled to any award of any costs, nor attorney fees.  The decision of the mediator shall be binding and final and it can be enforced as a judgment in any state or territory of the United States and in any other country in the world. The party who prevails in enforcing said mediation decision shall not be awarded any costs of enforcement nor attorney fees. You stipulate that venue and jurisdiction rests in the State of Washington and that the laws of that state shall apply.  If any provision(s) of the invoice or these terms of service and agreement shall be determined to be unenforceable the remainder shall remain enforceable. 

 

Such mediation shall be the sole remedy permitted under these terms of service and agreement. However, in the event of arbitration(s), administrative hearing(s), mediation(s), pre-litigation(s) and litigation(s) in any court in the world and/or any other venue relating to our service/product provided you that is caused or is brought by any 3rd party that you shall be solely responsible  to pay your own attorney’s fees and cost and other expenses.

 

Failure of Us to enforce any provision of these terms and conditions and agreement does not constitute a waiver and any such term or condition not enforced by Us may be enforced at a later time. Our invoice to you must be paid upon receipt regardless as to if We have partially or fully completed/provided the service/product.  In the event of non-payment of any Invoice, We may use all legal means of collection authorized by these terms and conditions and agreement and We are entitled to related reasonable attorney’s fees and costs. The returned or non-sufficient funds check or card payment fee to you shall be $25.00 and 0.83 percent interest per month, or at Our option the maximum interest permitted by law, shall be added to balances due and unpaid by the you.

 

By paying Our Invoice, you agree that you have read, understand and agree to the Invoice and to these terms and conditions and agreement, and you agree to the amount of the billed invoice.  A copy of the Invoice and/or of these terms and conditions and agreement shall have the same force and affect as the original.