Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the website located at www.themachineagency.com, including its pages, content, forms and newsletter (together, the “Site”). The Site is operated by The Machine Agency, LLC, an Amazon and marketplace growth agency based in Dallas, Texas (“TMA”, “we”, “us” or “our”).

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree with them, do not use the Site.

Who may use the Site
Changes to these Terms and to the Site
The Site is informational
Free Amazon Audit, forms and submissions
Newsletter and communications
Intellectual property
Third-party trademarks and no affiliation
Case studies, results and other information
Acceptable use
Feedback
Links to third-party sites and social media
Privacy
Disclaimer of warranties
Limitation of liability
Indemnification
Copyright complaints
Governing law and disputes
International use
Termination
General provisions
Contact

1. Who may use the Site

The Site is intended for brand owners, business professionals and others interested in our marketplace services. You must be at least 18 years old to use the Site or to submit any form on it. If you use the Site on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, and “you” in these Terms includes that organization. The Site is not directed to children, and we do not knowingly collect personal information from anyone under 13.

2. Changes to these Terms and to the Site

We may revise these Terms at any time by posting an updated version on this page with a new “Last updated” date. Changes take effect when posted. Your continued use of the Site after a change means you accept the revised Terms, so please review this page from time to time.

We may also change, suspend or discontinue any part of the Site, including any content, feature or form, at any time and without notice. We are not liable to you or to any third party if we do so.

3. The Site is informational; services require a separate agreement

The Site describes the Amazon, Walmart and other marketplace services we offer, including account management, advertising management, Amazon DSP, content and SEO, brand control and protection, inventory and order support, and content marketing programs. These descriptions are general information about what we do. They are not an offer, a quotation or a promise to perform any service.

Any engagement of TMA to provide services is subject to a separate written agreement, such as a services agreement, proposal or statement of work signed by both parties. That agreement, and not these Terms, governs the services, their scope, fees and any warranties or liabilities connected with them. Nothing on the Site, and no form you submit through it, creates a client, agency, partnership, joint venture, employment or fiduciary relationship between you and TMA.

4. Free Amazon Audit, forms and submissions

The Site allows you to request a free Amazon audit, request a consultation, contact us or subscribe to our newsletter. When you submit information through any form on the Site, you agree that:

the information you provide is accurate, current and complete, and you will keep it up to date;
you have the right to share everything you provide, including information about your business, products, sales or marketplace accounts, and sharing it does not violate any law, contract or third-party right;
we may contact you by email, telephone or any other channel you provide, about your request and about our services; you may opt out of marketing communications at any time as described in Section 5;
a free audit, assessment or consultation is provided for general informational purposes only, reflects the information available to us at the time, and is not a guarantee of results, a professional opinion or a commitment to provide services;
we may decline any request at our discretion, and we have no obligation to respond, to perform an audit or to treat a submission as confidential except as described in our Privacy Policy or in a signed agreement.

5. Newsletter and communications

By subscribing to our newsletter or giving us your email address, you agree to receive emails from us about Amazon and marketplace topics, our services, events and other updates. You can unsubscribe at any time by using the link included in every marketing email or by writing to info@themachineagency.com. We may still send you messages needed to respond to a request you made or to administer the Site. We send marketing email in accordance with applicable law, including the CAN-SPAM Act.

6. Intellectual property

The Site and everything on it, including text, graphics, logos, icons, photographs, illustrations, video, audio, page layouts, design, software and the selection and arrangement of these elements (the “Content”), are owned by TMA or its licensors and are protected by United States and international copyright, trademark and other intellectual property laws.

“The Machine Agency”, “TMA”, “The Machine Never Stops”, “The WINNING Strategy”, our logos and the other product, program and service names shown on the Site are trademarks, service marks or trade dress of TMA, whether or not registered. You may not use them, or anything confusingly similar, without our prior written permission.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to access the Site and to view, download or print Content for your personal use or for your internal business use in evaluating our services. You may not copy, reproduce, republish, upload, post, distribute, publicly display, sell, license, modify, translate, create derivative works from, scrape or otherwise exploit any Content for any other purpose without our written consent. All rights not expressly granted to you are reserved by TMA.

7. Third-party trademarks and no affiliation

Amazon, Amazon DSP, FBA, Rufus, Walmart, TikTok and other third-party names, logos and marks referenced on the Site belong to their respective owners and are used for identification purposes only. TMA is an independent agency. We are not affiliated with, sponsored by or endorsed by Amazon.com, Inc., Walmart Inc., TikTok or any other marketplace or platform unless we expressly state otherwise. Your use of those platforms is governed by their own terms and policies, not by these Terms.

8. Case studies, results and other information

Case studies, statistics, testimonials and results published on the Site (for example sales figures, advertising spend managed, revenue growth or conversion rates) describe specific clients and circumstances at the time they were recorded. They are provided as illustrations of our work. Past results do not guarantee future results. The results of any brand depend on many factors outside our control, including its products, pricing, inventory, listing history, marketplace policies, competition and market conditions.

Content on the Site, including blog articles and guides, is provided for general information only. It does not constitute legal, financial, tax, accounting or other professional advice, and you should obtain independent advice before acting on it. We try to keep the Site accurate and up to date, but we do not warrant that any Content is complete, accurate, current or free of errors.

9. Acceptable use

You agree not to:

use the Site for any unlawful purpose or in any way that violates these Terms;
use any robot, spider, scraper, crawler or other automated means to access the Site or to collect Content, except for search engines indexing the Site in accordance with our robots.txt file;
attempt to gain unauthorized access to the Site, its servers or any system or network connected to it, or probe, scan or test their vulnerability;
introduce viruses, malware or other harmful code, interfere with the proper working of the Site, or impose an unreasonable load on its infrastructure;
submit false, misleading or fraudulent information, or impersonate any person or organization;
use our forms or email addresses to send spam, unsolicited offers, or content that is unlawful, defamatory, infringing, obscene or otherwise harmful;
frame or mirror the Site, deep-link to it in a way that misrepresents its source, or remove or alter any copyright, trademark or other proprietary notice;
use the Content to build a competing product or service, or to train or improve any artificial intelligence or machine learning model.

We may monitor use of the Site and may restrict, suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or applicable law.

10. Feedback

If you send us comments, ideas, suggestions or other feedback about the Site or our services, you grant TMA a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose, without any obligation to you and without compensation or attribution.

11. Links to third-party sites and social media

The Site contains links to third-party websites and services, including our profiles on LinkedIn, Instagram, X and Facebook. We do not control those sites and are not responsible for their content, accuracy, privacy practices or availability. A link does not imply that we endorse the linked site or its operator. You access third-party sites at your own risk and subject to their own terms and policies.

12. Privacy

Our collection and use of personal information through the Site is described in our Privacy Policy, which forms part of these Terms. By using the Site, you consent to the practices described in it.

13. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TMA DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT WILL MEET YOUR REQUIREMENTS.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TMA OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In that case, our liability is limited to the maximum extent permitted by law. These limitations apply to your use of the Site only; liability for services we provide under a separate written agreement is governed by that agreement.

15. Indemnification

You agree to defend, indemnify and hold harmless TMA and its owners, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) any information you submit through the Site, or (d) your violation of any law or of the rights of any third party.

16. Copyright complaints

We respect the intellectual property rights of others. If you believe that material on the Site infringes your copyright, send a written notice to info@themachineagency.com that includes: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the material you claim is infringing and where it appears on the Site; (c) your name, mailing address, telephone number and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. We will review and respond to complete notices in accordance with applicable law, including the Digital Millennium Copyright Act.

17. Governing law and disputes

These Terms, and any dispute or claim arising out of or relating to the Site or these Terms, are governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-law principles. You agree that any legal action relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.

Before filing any claim against TMA, you agree to contact us at info@themachineagency.com with a description of the dispute and to attempt in good faith to resolve it informally for at least 30 days.

18. International use

We control and operate the Site from the United States. We make no representation that the Site or the Content is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for complying with the laws that apply to you.

19. Termination

We may terminate or suspend your access to all or part of the Site at any time, for any reason, with or without notice. Any provision of these Terms that by its nature should survive termination will survive, including Sections 6, 8, 10, 13, 14, 15, 17 and 20.

20. General provisions

These Terms, together with the Privacy Policy, are the entire agreement between you and TMA regarding your use of the Site and supersede any prior or contemporaneous understandings on that subject. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction. There are no third-party beneficiaries of these Terms. Section headings are for convenience only and do not affect interpretation. You agree that we may communicate with you electronically, and that electronic communications, notices and agreements satisfy any legal requirement that they be in writing.

21. Contact

Questions about these Terms can be sent to:

The Machine Agency
info@themachineagency.com, Dallas, Texas
Phone: 972-710-5610
Email: info@themachineagency.com