Terms of Service
INTRODUCTION
These Terms of Service and any other terms referred to in these terms, such as terms
provided in the Return Policy and Warranty Policy ("Terms"), apply between you and
Sellmark Corporation DBA Sellmark, a Texas corporation whose principal place of
business is at 2201 Heritage Parkway, Mansfield, TX 76063, United States (herein referred
to as “Sellmark” or "We"), when you purchase products and/or accessories or use services
provided by the sellmark.com website through Sellmark ecommerce systems Sellmark
Nexus or Google Store (The Sellmark website http://sellmark.com, Sellmark Corporation’s
enterprise system http://sellmarknexus.com, and the Sellmark merchant account at
http://store.google.com is a group of online services herein referreded to as
“sellmark.com”).
Please carefully read this notice before you use this website. sellmark.com herein referred
to as the “website” is provided by Sellmark (Sellmark) and may be used for informational
purposes only. By using this website, or downloading materials from it, you agree to abide
by the following terms and conditions. If you do not agree with the following conditions of
use, please exit this website.
This website is operated by Sellmark. Throughout the site, the terms “we”, “us” and
“our” refer to Sellmark. Sellmark offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which
the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
WEBSITE CONTENT AND ACCURACY
Sellmark and its subsidiaries and affiliates and related brands (including but not limited to
the Sellmark brand) created this website to be used by the general public and our
policyholders. The website does not, and it is not intended to, provide any financial, legal,
accounting, or tax advice, and must not be relied upon by you in that regard. The website
should not be used, or relied upon by you, as a substitute for your independent research or
consultation with your own financial, legal or tax advisers.
The information, text, graphics and links provided in this website are provided by Sellmark
as a convenience to you. Sellmark will use reasonable efforts to include accurate and
uptodate information. However, due to the nature of the Internet, Sellmark does not
warrant and cannot guarantee the accuracy, completeness or authenticity of the
information contained in this website, or the information, text, graphics, links, website
functionality, and other items contained on this server or its suitability for any purpose.
Sellmark does not warrant that the functions contained in the materials will be
uninterrupted or errorfree, that defects will be corrected, or that this website or the server
that makes it available is free of viruses or other harmful components as such information
is received by you because Sellmark cannot control the transmission of information over
this medium. Sellmark does not warrant or make any representations regarding the use of,
or the results of the use of, the materials on this site, or your transmission of any software,
data or information from the website to you.
Information provided on this website is believed to be reliable when posted. However, we
cannot guarantee that information will be accurate, complete and current at all times. This
website could include technical inaccuracies or typographical errors. Sellmark will from
time to time revise the information, products and services described in this website, and
reserves the right to make such changes.
This site may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to our site.
LIABILITY
The use of this website is entirely at your risk. The materials and information in this website
(including text, graphics, and functionality) are presented without express or implied
warranties of any kind and are provided "as is". It is your responsibility to evaluate the
accuracy, completeness and usefulness of any opinions, advice, services or other
information provided.
Sellmark intends for the information contained in this website to be accurate and reliable.
However, errors sometimes occur. Therefore, Sellmark and its related, affiliated and
subsidiary companies to the full extent permitted by applicable laws disclaim all
warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose as to any matter whatsoever relating to
this website or the information contained herein.
To the full extent permitted by applicable laws, in no event shall Sellmark, its agents,
employees, directors, officers and affiliated companies be liable for any damages of any
kind caused to any person as a consequence of the use of this website including but not
limited to any direct, special, incidental, indirect or consequential damages of any kind
including but not limited to loss of use, loss of data or loss of profits, whether or not
advised of the possibility of such damage, or based upon any theory of liability, arising out
of or in connection with the use or performance of this website or the information
contained herein. We will not be responsible for any detrimental reliance that you may
place upon the website or its contents.
PRODUCT AVAILABILITY
Unless otherwise specified, the materials in the website are presented solely for the
purpose of educating the user about the products and services of Sellmark. Nothing in this
website constitutes an offer to buy or sell products or services of Sellmark or its affiliated
companies. Sellmark makes no representation that any or all of the materials in the
website are appropriate or available for sale in any or all locations. Not all products and
services described are available in all states of the U.S. or the world. No product offered by
Sellmark and its affiliates is offered or will be bold in any jurisdiction in which such offer or
solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Some
products may not be available in all states. In addition, any pricing information available on
this website is posted for informational purposes only.
Those who choose to access this website do so on their own initiative and are responsible
for compliance with state, local and foreign laws, if and to the extent such laws are
applicable. See Terms of Sale and Conditions for more detailed information on Terms
being accepted by purchasing a product from this website. Prices for our products
aresubject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any thirdparty for any modification, price change,
suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a casebycase
basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without
notice, at the sole discretion of us. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service
will be corrected.
OPTIONAL TOOLS
We may provide you with access to thirdparty tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to such tools”as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement, where available by law. We shall have no liability whatsoever arising from or
relating to your use of optional thirdparty tools.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant thirdparty provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
COPYRIGHT
This website is provided for your personal viewing and Sellmark maintains all copyrights in
the text, buttons, layouts, graphic images and logos contained in this website. Except as
stated herein, no portion of this website or its contents may be reproduced, copied,
republished, altered, or transmitted, uploaded, downloaded, or posted in any form or by
any means, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Sellmark.
Modification of the materials or use of the materials for any other purpose is a violation of
Sellmark's copyright and other proprietary rights. The use of any such material on any other
website or networked computer environment without explicit written permission is
prohibited.
You may print a copy of the information contained herein for your personal use only, but
you may not reproduce or distribute the text or graphics to others or substantially copy the
information on your own server, or link to this website, without prior written permission of
Sellmark.
An acknowledgment of the source must be included whenever our materials are copied or
published. Anyinfringement of our rights will result in appropriate legal action. Sellmark
and its affiliated companies disclaim any and all liability which may result from any
unauthorized reproduction or use of the information on this site.
LICENSE AND REPRODUCTIONS
Permission is granted to print copies of portions of this website, but not the entire website,
and to display andnavigate around this website with a computer using HTML browser
software, solely for personal use. Any commercial use of this website or any portion hereof
is strictly prohibited. A hyperlink to the Uniform Resource Locator (URL) of this website in
HTML documents which you prepare, must be approved in writing or via email, prior to
making such hyperlink, and is subject to the following conditions: (a) the URL may be used
only for the purpose of hyperlinking to Sellmark's Sellmark brand home page at
"http://www.sellmark.com"; (b) the URL shall be clearly identified as being a link to a
website owned and operated by Sellmark or its affiliated companies; and (c) you will make
no other use of any Sellmark intellectual property, other than the URL, without Sellmark's
express written permission.
TRADEMARKS
The logo shown here for Sellmark is a registered trademark of Sellmark. Unless otherwise
indicated, all trademarks, service marks, and trade names are proprietary to Sellmark or its
affiliates. Sellmark enforces its intellectual property rights. Use in commerce other than as
"fair use" is prohibited by law except by express license from Sellmark.
Other parties' trademarks and service marks that may be referred to herein are the property
of their respective owners.
VIRUSES
Because of the marked increase in the fabrication and proliferation of computer viruses
affecting the Internet, we want to warn you about infections or viral contamination on your
system. It is your responsibility to scan any and all downloaded materials received from the
Internet. Sellmark is not responsible or liable for any damage caused by such hazards.
Sellmark companies cannot and do not guarantee or warrant that files available for
downloading from this website are free of viruses, worms, Trojan horses or other code that
has contaminating or destructive properties. Sellmark companies do not make any express
or implied warranties, representations or endorsements whatsoever (including without
limitation warranties of title, noninfringement or fitness for a particular purpose) with
respect to the files available for downloading from this site. In no event will Sellmark companies be liable to
you or to anyone else for any decision made or action taken by you or anyone else in
reliance on results obtained from use of files downloaded from this site.
SECURITY
All information submitted to Sellmark while not logged into secured regions of this website
including electronic mail inquiries, is submitted through the Internet, which is an
unsecured, public network.
Although Sellmark employs the most current and stringent Internet security standards, you
acknowledge and confirm that the Internet is not a secure medium where privacy can be
ensured, and that complete security and confidentiality over the Internet is not possible at
this time. Your confidential use of the website cannot be guaranteed, and you acknowledge
that your use of the website (including information you transmit to the website) may be
subject to access by, or disclosure to, other persons, Without limiting any other disclaimer
herein, Sellmark shall not be responsible or liable for any harm that you or any other person
may suffer in connection with any such breach of confidentiality or security.
LINKED WEBSITES
Other Internet or websites which may provide access to this website by hypertext links
("hyperlinks") are entirely independent of this website. Links to other Internet or websites
from this website are included as a convenience for our visitors and in no way are meant to
imply that Sellmark endorses, sponsors, promotes or is affiliated with the owners of or
participants in those sites, or endorses any information contained on those sites, unless
expressly stated. Sellmark does not guarantee the accuracy of any information in these
other sites nor does it assume any liability for the content or presentation of linked sites.
Sellmark cannot guarantee that the hyperlinks set out on our website will be accurate at
the time of your access. Moreover, the sites pointed at by hyperlinks have been
independently developed and possibly maintained by person(s) over whom Sellmark has
no control. Sellmark cannot and does not monitor the sites linked to its pages on the
Internet or any transmission made through the respective web pages and newsgroups.
Accordingly, Sellmarkassumes no responsibility for the content of any site referenced to by
any hyperlink or otherwise. Sellmark believes that our making available hyperlinks to
publicly accessible web pages is legally permissible and consistent with the common,
customary expectations of those who make use of the Internet.
SERVICE REQUEST FORMS
Any information requested is for our internal use to service your request. It is not shared
with any third party, unless permitted by you or required by law.
INTERACTIVE FORMS OR CALCULATORS
Any interactive forms or calculators on this website are there for your information only.
Sellmark tracks, retains and/or uses any of the data input into these forms for our internal
use only.
AGGREGATED TRACKING INFORMATION
This Sellmark website collects no personally identifying information about individuals
except when specifically and knowingly provided by such individuals. Sellmark will not
release any of said information about you without your permission, unless permitted or
required by law. Sellmark gathers two types of information about people who visit our site:
data you provide through optional, voluntary contact request forms; and aggregated
tracking information such as IP address and home server information.
To enable us to continually improve on the content we offer our users, as well as for
systems administrationpurposes, we collect aggregate information sitewide. This gives us
an idea of which parts of our website users are visiting. We do not link IP addresses to
anything personally identifiable, which means a user's session will be tracked, but the user
will be anonymous.
INFORMATION COLLECTION AND USE
Sellmark routinely gathers data on website activity, such as information about website
visitors, to improve the caliber of online information and services offered. There are two
forms of data that Sellmark collects: website visitorship data and personal information
voluntarily provided to us by website visitors.
WEBSITE VISITORSHIP DATA IS:
1. Collected on an aggregate, anonymous basis, which means no personal information is
associated with this data;\:
2. Gathered through the use of Web server logs and cookies. A Web server log is a file
where website activity is stored. A cookie is a small piece of information that a website
sends to a visitor's computer, which is stored on his or her hard drive. Sellmark uses
cookies to track repeat visits to its website. Although Sellmark assigns a cookie to a
visitor's computer, the company does not know who that visitor is unless that person
specifically tells us; and
3. Shared among Sellmark business units to improve website content and overall service.
SUBMISSIONS
Sellmark welcomes your comments regarding our website. While we do value your
feedback, we ask that you not submit to us any suggestions, materials, ideas or creative
concepts for new, modified or different products or services via this website. Sellmark
requests this in order to avoid confusion in the future regarding the origin of the concept,
product or service.
If, despite our request that you not send us any creative materials, you in fact send us
creative suggestions, ideas, concepts or other information (collectively, the Information),
such Information shall be deemed by Sellmark to be, and shall remain, the property of
Sellmark. None of the Information shall be subject to any obligation of confidence on the
part of Sellmark and Sellmark shall not be liable for any use or disclosure of any
Information. Without limiting the foregoing, Sellmark shall exclusively own all rights to the
Information of every kind and nature and shall be entitled to unrestricted use of the
Information for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Information.
D-ARTY LINKS
Certain content, products and services available from Sellmark and available via its
website may include materials from third parties.
Third party links on this website may direct you to third arty websites that are not
affiliated with Sellmark. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any
liability or responsibility for any third arty materials or websites, or for any other materials,
products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, orany other transactions made in connection with any
third party websites. Please review carefully the third party'spolicies and practices and
make sure you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'),
you agree that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms.
You agree that your comments will not violate any right of any third party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way
affect the operation of Service related to the Product purchased or any related website. You
may not use a false email address, pretend to be someone other than yourself, or
otherwise mislead us or third parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. See Privacy Policy above and the Terms of Service for the website used for details.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on any related website,
including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to
indicate that all information on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using our
site or Product or accessories or content or promotional material for: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of sellmark.com or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to terminate your use
of Services that might be required for completion of these Terms or access to any related
website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, Sellmark AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING
SUPPLIERS (COLLECTIVELY, "Sellmark PARTIES") SHALL NOT BE LIABLE TO YOU UNDER
ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE
DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A Sellmark
PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN
AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE Sellmark PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR
THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO Sellmark
UNDER THESE TERMS.
Some states or countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
GOVERNING LAW AND JURISDICTION
The laws of Texas, U.S.A. apply to these Terms, excluding Texas choice of law rules, and will
apply to any disputes arising out of or relating to these Terms. Claims arising out of or
relating to these Terms will be subject to the exclusive jurisdiction and venue of the courts
in Tarrant County, Texas, U.S.A and the laws of 2201 Heritage Parkway, Mansfield, TX,
76063, United States.
CHANGES TO THE TERMS
The Terms in effect at the time you place an order for the Product will apply to such order
and Product. Sellmark reserves the right to make changes to these Terms from time to time,
and any such changes will apply to future orders.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this AGREEMENT for all purposes.
These Terms are effective unless and until terminated by either you or us. You may
terminate these Terms at any time by notifying us that you no longer wish to use our
Services, or when you cease use, sale, or distribution of our products, Products,
accessories, and sites, or immediately upon misuse of services, such as malicious
attempts to misuse, destroy, disturb, interrupt and/or hack our service sites, forcing us to
block use of services required to fulfill our end of our obligation.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms, we also may terminate this AGREEMENT at any time without
notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
EVENTS BEYOND REASONABLE CONTROL
Neither party will be responsible for any delay or failure to comply with these Terms if the
delay or failure arises from any cause which is beyond its reasonable control.
NO WAIVER
If you do not comply with these Terms, and we don't take action right away, this doesn't
mean that we are giving up any rights that we may have (such as taking action in the future).
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sellmark and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third party due to or arising out of your
breach of these Terms or the documents they incorporate by reference, or your violation of
any law or the rights of a third party.
SEVERABILITY
If it turns out that a particular term is not enforceable, this will not affect any other terms.
In the event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms, such determination shall not affect the validity and enforceability of any
other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. These Terms and any policies or operating
rules posted to Sellmark.com or published in respect to these Terms constitutes the entire
AGREEMENT and understanding between you and us and govern your AGREEMENT,
superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the
drafting party.
CONTACT INFORMATION
Phone: 1 (817) 2250310
Fax: 1 (817) 3941628
Business Hours: Mon. Fri. 8:00am 5:00pm CST
2201 Heritage Parkway
Mansfield, TX 76063
Questions about these Terms can be sent to info@sellmark.com EFFECTIVE DATE: March
1st, 2025
