Terms of Service

General Terms

By visiting the websites or using the services in any manner, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website, service and any email or other type of communication between you and MarketGap.

Service

MarketGap (“MarketGap”, the “Service”, “Company,” “we,” “us,” or “our,”) provides educational services to assist businesses and individuals selling on Amazon website. MarketGap is owned and operated by Market Gap LLC, a Delaware limited liability company.

License

MarketGap grants you a revocable, non-exclusive, non-transferable, limited license to use the website or service strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and MarketGap (referred to in these Terms & Conditions as “MarketGap”, “us”, “we” or “our”), the provider of the MarketGap website and the services accessible from MarketGap (which are collectively referred to in these Terms & Conditions as the “Service”).

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the MarketGap Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

  • Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Market Gap LLC that is responsible for your information under this Terms & Conditions.
  • Country: where Market Gap LLC is based, in this case is United States of America
  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit MarketGap and use the services.
  • Service: refers to the service provided by MarketGap.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: MarketGap’s site, which can be accessed via this URL: https://marketgap.pro, https://marketgapblog.com
  • You: a person or entity that is registered with MarketGap to use the Services.

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MarketGap or its affiliates, partners, suppliers or the licensors of the service.

You confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the site, services and/or software only with the approval of your parent or guardian), that you are legally able to enter into this agreement, and that you have read, understand and agree to be bound by this agreement.

You confirm that you are human. Robots, bots, and other automated methods to use the service is not permitted.

To access and use the Service, you must register for a MarketGap account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You may not transfer, sell, or purchase accounts. In case you experience any unauthorized use of your account, you must immediately notify us of at mail@marketgap.pro

In case you don’t log in or use your account for over 1 year, we may permanently delete your account.

You may not:

  • launch the MarketGap Browser Extension more than 2000 times a month.
  • violate the security of the Service nor attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means.
  • take nor attempt any action that, in the sole discretion of MarketGap, imposes or may impose an unreasonable or disproportionately large burden on the Service or its infrastructure.
  • use nor attempt to use any scraper, robot, bot, spider, data mining, computer code, or any other automated device, program, tool, algorithm, process or methodology to access, index, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service without the prior written consent of MarketGap.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
  • use this Service to conduct any activity that is illegal or violates the rights of others.
  • disclose any data, which includes metrics and statistics, product or any other information from MarketGap, with any third-party.

You shall not attempt to make the service unavailable through denial-of-service attacks or similar means or use the service in a manner that could damage, disable or impair the service.

Cancellation

Logging in to your account, you can cancel your PRO subscription at any time. Upon cancelation you will continue to have access to the Service through the end of your pre-paid billing cycle. You can cancel your subscription by navigate our Site to your account profile and use the Cancel Subscription button. You could also contact us though mail@marketgap.pro email to cancel you profile.

Refund Policy

Payments are final and are non refundable. We do not provide refunds for any partial subscription periods.

In the event that MarketGap technically or actually ceases to exist, your account will be deleted and any monthly, yearly or lifetime subscriptions will not be returned.

7 days Money Back Guarantee

When subscribing for PRO, you are eligible for our Money Back Guarantee if you contact us online at mail@marketgap.pro no later than 7 days of your first purchase and ask for a refund. Money Back Guarantee is only available for the first 7 days for the first purchase. Not available for recurring purchases.

Cookies

MarketGap uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these cookies, certain functionality may become unavailable or you would be required to enter your login details every time you use the service as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our service correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that MarketGap may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at MarketGap’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform MarketGap when you stop using the Service. You acknowledge and agree that if MarketGap disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our website or Service

MarketGap reserves the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.

Updates to Our Services

MarketGap may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the service. You agree that MarketGap has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by you or MarketGap.

MarketGap may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from MarketGap, in the event that you fail to comply with any provision of this Agreement.

Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the MarketGap browser extension from your computer.

Termination of this Agreement will not limit any of MarketGap’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold MarketGap and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MarketGap, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, MarketGap provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither MarketGap nor any MarketGap’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of MarketGap are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Under no circumstances shall MarketGap team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if MarketGap team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

MarketGap will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

Notwithstanding any damages that you might incur, the entire liability of MarketGap and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service.

To the maximum extent permitted by applicable law, in no event shall MarketGap or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if MarketGap or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by MarketGap on the Services, shall constitute the entire agreement between you and MarketGap concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MarketGap’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND MarketGap AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Entire Agreement

The Agreement constitutes the entire agreement between you and MarketGap regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and MarketGap.

You may be subject to additional terms and conditions that apply when you use or purchase other MarketGap’s services, which MarketGap will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. If you do not want to agree to these or any updated Terms, you may not use the service anymore.

Intellectual Property

The service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MarketGap, its licensors or other providers of such material and are protected by USA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of MarketGap, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR MarketGap’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and MarketGap concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or MarketGap must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: mail@marketgap.pro MarketGap will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and MarketGap will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or MarketGap may commence arbitration.

Binding Arbitration

If you and MarketGap don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of MarketGap without any compensation or credit to you whatsoever. MarketGap and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of MarketGap. MarketGap will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. MarketGap operates the MarketGap Service from the USA. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the MarketGap Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the MarketGap Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and MarketGap concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

MarketGap is not responsible for any content, code or any other imprecision.

MarketGap does not provide warranties or guarantees.

In no event shall MarketGap be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The MarketGap Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. MarketGap makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service provided through or accessible via the MarketGap Service. Without limiting the foregoing, MarketGap specifically disclaims all warranties and representations in any content transmitted on or in connection with the MarketGap Service. No oral advice or written information given by MarketGap or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, MarketGap does not warrant that the MarketGap Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don’t hesitate to contact us if you have any questions.

Market Gap LLCE-mail: mail@marketgap.pro

Headquarter: 410 17th St, Suite 1340 80202 Denver, CO

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