Terms Of Service


NicheViewer LLC is a limited liability company incorporated in the United States of America, doing business as Nicheviewer.com (from now on referred to as ‘NicheViewer’, ‘NV’ or ‘we’).

Nicheviewer provides you (from now on referred to as the ‘User’ or ‘you’) access to a transactional interactive analysis to manage your Amazon business, as well as a website where features, benefits, and costs of the software are described. The analysis will from now on be referred to as the ‘Presentation’ or ‘Analysis’.

Service Offered

The Services entail the downloading of the User’s Amazon Seller Central data and the presentation of information and statistics about the User’s Amazon orders, products, and customers.

NicheViewer provides the Service within 5 business days.

Privacy

The User’s use of the Services is subject to NicheViewer’s Privacy Policy, which lays out how NicheViewer manages the collection and privacy of the User’s data.

Applicability

These Terms of Service (from now on referred to as ‘Terms’) are subject to the laws of the United States of America. Both the User and NicheViewer agree that these Terms constitute the entire agreement between the two parties.

Disclaimer of Warranty and Limitation of Liability

The User agrees that use of NicheViewer services and website is at the User’s sole risk. NicheViewer DOES NOT warrant that the utilization of the service will be uninterrupted or error-free. NicheViewer does not provide any guarantee as to the accuracy or reliability of the data presented by the Service, nor the accuracy of the of Amazon API calls made on the User’s behalf.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NICHEVIEWER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR PRODUCT AT ANY TIME.

NICHEVIEWER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SELLERLGEND LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICHEVIEWER LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NICHEVIEWER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME COUNTRIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Use of Service and its Documentation

Although NicheViewer makes every effort to ensure the accuracy of our Services, the NicheViewer services are provided on an “as is”basis.

NicheViewer provides the Service without warranty nor any guarantee of fitness for a particular purpose. NicheViewer also offers no guarantees as to the completeness, quality, accuracy or suitability of the information provided by the Service or contained on this site, including the Service’s knowledgebase articles, resources, and other documentation.

User Account Information And Management

The User shall provide current, complete, accurate information upon registration. The User shall further update and keep such information current as needed in the ‘Profile’ section. The User is solely responsible for maintaining the confidentiality of the User’s password and account information. The User shall immediately notify NicheViewer of any unauthorized account activity, or any unauthorized use of user’s email list(s) or any other breach of security known to the User.

Restrictions on Use

The User may only use the Service for lawful purposes. Also, the User may not:

  • Violate or infringe in any way the rights of others
  • Violate others’ copyright
  • Send a communication to NicheViewer that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable as determined by NicheViewer staff
  • Reverse engineer NicheViewer
  • Impersonate NicheViewer administrators
  • Use NicheViewer to create a Denial of Service (DoS) attack

No Unauthorized Use of the Service

The User agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Service, or the use of the Service, or access to the Service.

Trademarks

NicheViewer.com and all page headers, custom graphics, and button icons are service marks, trademarks of NicheViewer. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

Third Party Services

NicheViewer uses many third party services in its service. The User acknowledges that NicheViewer does not control the content, resources, or policies of any third party service. Any claims against a third party service while using NicheViewer are between the User and the third party service, and the User agrees that NicheViewer is not liable for any loss or claim the User has against a third party.

Indemnification

The User agrees to defend, indemnify, and hold harmless NicheViewer and its affiliates as well as their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable legal fees and disbursements and court costs) arising out of your use of NicheViewer or from breach of these Terms Agreement, or your violation of any law or the rights of a third party.

Payment Terms

Should the User choose to use any paid version of our service, the User is responsible for choosing a valid payment method.

The User represents and warrants to NicheViewer that the User is authorized to use the payment method. Payments will be made before receiving the analysis. NicheViewer reserves the right to change its pricing structure.

Changes

The Terms are effective August 1, 2017.

NicheViewer may update the Terms of Service from time to time. If we do so, we will post a notice on our homepage.

Previous versions of the Terms will be superseded by the most current version.