Refund and Delivery Policy
SERVICE FEES AND PAYMENTS
You are responsible for paying all fees and applicable taxes associated with the services to be provided by Gambrell Group LLC in a timely manner with a valid payment method. You agree that any and all payments will be made up front are non-refundable.
As a general matter, Gambrell Group LLC WILL NOT provide refunds to clients for any reason. While using our service, we will ensure and do everything possible to ensure that your account is reinstated. But you understand that no matter how much Gambrell Group LLC tries, the decision to reinstate the account solely lies with amazon and therefore we offer this service on an “AS IS” AND “AS AVAILABLE” basis and we make no guarantee, promises or any assurances that the account will of a certainty be reinstated. Therefore,
Gambrell Group LLC, provides this service to you without any guarantee of any REFUND on the amount you paid to Gambrell Group LLC to reinstate your account. In other words while using Gambrell Group LLC service, You understand that Gambrell Group LLC will not offer you any refund in the event your account is not reinstated and you agree that Gambrell Group LLC will not be liable in any way for such a decision.
However, while using this service, if Gambrell Group LLC is unable to reinstate your account, Gambrell Group LLC guarantees and assures you that a new account will be opened for you and we will not cease to work on the closed account in order to reinstate it and get it working again.
Gambrell Group LLC will not be a party to, nor will Gambrell Group LLC mediate any dispute between its clients and the third-party payment provider. Sellers cannot claim ‘we did not submit your plan’, or ‘we decided to use another company’ after they agree to our contract.If any Gambrell Group LLC appeal has been used during reinstatement process that contributes to reinstatement, full after reinstatement fee is due. An appeal plan or letter is considered “submitted” after the seller receives it by email from Gambrell Group LLC.
If the seller has difficulties submitting reinstatement fees by third-party payment provider, the seller must use Chase Quickpay, PopMoney, a wire transfer, or another type of payment method approved by Gambrell Group LLC to complete payment within 24 hours after the reinstatement in order to avoid late fees.
The appeal plans that Gambrell Group LLC provides contain business plan suggestions to be executed in order to maintain Amazon guidelines and stay successful on the Amazon marketplace. If the clients’ business practice is not set up for the execution of the appeal, the client can request a modification from Gambrell Group LLC.
Due to delays in Seller Performance responses, and multiple letters that may be required to achieve reinstatement, Client agrees to use the service of Gambrell Group LLC exclusively for 30 days from the first upfront payment. Client agrees not to use the service of another consulting/reinstatement/appeal service for 30 days from the agreement of this contract.
Clients are responsible for ensuring that all payments made through any third party payment provider are from a valid payment source with sufficient funds to cover the transaction. Client agrees to refrain from making “chargebacks” or dispute payments through PayPal and/or from their credit card for any reason. Instead, Gambrell Group LLC client agree to contact us immediately in the event of any payment problem or dispute. Clients agree that in the event of any denied payment or unjustified chargeback the Client bears sole responsibility for making the payment.
If the Client does not rectify the denied payment or chargeback within (3) three business days, Gambrell Group LLC will take all actions legally available to recover the funds including contacting both PayPal and your banking institution or credit card company and presenting a copy of this Agreement to indicate your agreement with our Chargeback Policy.
SECURITY. The security of our Clients’ Personal Information is important to us. Nonetheless, no method whether it being over the net or electronic storage is fully protected. As a result, while we try for the use of commercially acceptable means to protect your Personal Information, the Company cannot guarantee its absolute security and cannot accept any liability where the security of your Personal Information is compromised.
Any information provided as part of making a payment whether through PayPal or any other third party payment processor is subject to the Security protections and policies of the payment processor and Gambrell Group LLC is not responsible and will bear no liability for any security breach that occurs while a Client’s data or personal information is in the care of any entity other than Gambrell Group LLC.
REVIEWS AND REFERENCES
In the event that a Client’s Amazon Seller Account is reinstated, the Client agrees to make a good faith effort to provide a positive review for Gambrell Group LLC. Gambrell Group LLC will send the Client instructions for providing a review after the successful reinstatement of the Client’s account. Clients will also make good faith efforts to be available as a reference for Gambrell Group LLC when references are requested by prospective clients. If a reference is needed by Gambrell Group LLC, the client will be contacted to provide a review.
Clients agree to make all good faith and reasonable efforts to comply with Gambrell Group LLC’s requests for reviews and references. After the account is reinstated, the Client authorizes Gambrell Group LLC to post before and after pictures on all Gambrell Group LLC owned web sites.
After the account is reinstated, the Client authorizes Gambrell Group LLC to post screenshots of the Seller Performance reinstatement email on all Gambrell Group LLC owned web sites. If requested by the Client, Gambrell Group LLC will cover sensitive information.
If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
NO WAIVER. Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Gambrell Group LLC provides a service that assists Amazon Sellers with appeals of account suspensions by Amazon.
Gambrell Group LLC agrees to provide Clients with an Appeal Plan and take lead during the Appeal process to reinstate the Client’s Amazon Seller Account. Clients agree that the Appeal Plan will not be modified in any way and will be submitted to Amazon as provided to the Client by Gambrell Group LLC. Appeal Plans shall not be revised, edited or changed in any way, however, if a Client desires to submit an Appeal Plan with revisions, edits and/or changes, the Client agrees to submit any and all revisions, edits and/or changes to Gambrell Group LLC for prior approval.
If a revision, edit or change is not approved by Gambrell Group LLC, the Client shall not submit any revised, edited and/or changed Appeal Plan or document to Amazon at any time. Client does not have permission to use ANY part of the appeal (s) that has been provided by Gambrell Group LLC for any future suspensions
DISCLAIMERS AND LIMITATIONS ON LIABILITY. ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION.
WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJUR CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER.
RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER. USER ASSUMPTION OF RISK. WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “PRACTICE FUSION ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE PRACTICE FUSION ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US \$100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED.