ManageByStats.com is a service provided by ManageByStats LLC of Clearwater, Florida. This agreement was last updated on August 5, 2016
Description of Service
ManageByStats is a service available to Amazon Sellers. It allows these Sellers to view their Amazon data with enhanced detail, with custom categories and groupings, with graphical statistics and accurate financial information down to the SKU level. A Seller using ManageByStats may search the information in ways not easily doable at Amazon Seller Central, and can easily get an accurate picture of various brands, Product Lines and products in terms of sales, fees, payout and costs.
Sellers must be at least 18 years old to use the service. Sellers must have an active "Professional" Amazon Seller account in order to use the service. Additionally, Sellers must complete the registration through MWS (Amazon Marketplace Web Service) and provide the proper MWS credentials when signing up for ManageByStats. By using the service, you warrant that you have permission to access the Amazon Seller account for which you register.
Privacy and Security
Your privacy and the security of your account is very important to us. We use encryption on any areas of the site that contain sensitive information. We do not in any way share your information with anyone, and we use the information in your Amazon Seller Account only to organize and present it in a better format to you, and to provide effective customer service to you.
We keep all your Amazon Seller account information completely separate from other ManageByStats users, so that the information cannot be mixed in any way.
ManageByStats.com access to your data
In order to deliver our services to you, ManageByStats.com needs to store copies of your data, but we of course have no right to manipulate, modify or alter your data other than as directed and required by you.
We access your data when:
- you request support from ManageByStats which requires that we access your data to help you;
- you ask our help in resolving some data which doesn't seem to be correct; and
- you ask us provide additional services based on your data, such as for example email append services
- access and use your data solely for the purpose of providing services to you; and
- not disclose your data to any third party, except:
- to our employees, consultants or contractors for purposes of providing such services to you, provided that such recipients are bound by confidentiality provisions no less restrictive than those set out in these Terms of Service; and
- to the extent required by a judicial order or other legal obligation, provided that, to the fullest extent permitted by law, ManageByStats will promptly notify you of such a required disclosure to allow intervention by you to contest or minimize the scope of the disclosure.
All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of ManageByStats and ManageByStats LLC. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. You will not attempt to reverse-engineer the product for any reason.
When using this service you agree to comply with all applicable laws and regulations. You also agree to comply with Amazon's Policies and Guidelines. You may not use our service to engage in fraud or other illegal activity, or advocate illegal activity. You may not use our service to infringe upon or violate any right of a third party.
You will not use the service in any manner that will interfere with the proper functioning of the site for any other users. You will not use any web bot or spider to access the service.
You acknowledge that we may monitor and measure usage of the system to ensure compliance with these conditions. Failure to comply with any of these conditions may result in the immediate closure of your account without any refunds or credits
When you create a User Account in ManageByStats, you are agreeing to receive email communications from us. By providing your email to enroll for use of our Services, you consent to receive all notices and information regarding ManageByStats electronically. We will record your email opt-in status as YES once you register your account. This email opt-in status will apply for all email communications with ManageByStats, including automatic system messages, administration, marketing, event planning, email discussion lists, and other uses as applicable. Your consent to receive communications electronically is valid until you end your relationship with ManageByStats, cancel your account and unsubscribe from email communications. We value our customer’s privacy and your email address will not be shared or sold to third parties.
Passwords and Account Access
You will at all times maintain the confidentiality of your user name and passwords. In the event there is a breach of security through your account, you must immediately change your password.
You agree to waive all claims against ManageByStats and ManageByStats LLC in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold ManageByStats LLC harmless in the event ManageByStats or ManageByStats LLC incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.
Fees and Payments
You agree to pay all fees associated with using the ManageByStats services. All fees are in US Dollars. You must provide payment by credit card or through PayPal (using your credit card or your PayPal account) to use the services beyond the trial period. Payments will occur monthly on or about the day of the month when you signed up. In the event that your payment fails or is disputed, we will simply suspend or cancel your ManageByStatsaccount.
Our offerings include recurring monthly subscription fees and pre-payment options for additional services. You agree that ManageByStats may automatically charge the applicable fees to your payment method at the beginning of each recurring period.
By becoming a ManageByStats customer, you hereby acknowledge and agree that all recurring monthly, semi-annual or annual fees referenced in these Terms and Conditions are to be billed on an ongoing basis until ManageByStats services are terminated in accordance with ManageByStats' Termination Policy. All payments must be made in advance, otherwise, ManageByStats services will be disabled until payment is received. All fees are payable in U.S. dollars and are NON-REFUNDABLE. You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of this website or the Products.
Our fees are subject to change at any time in our sole discretion. All changes become effective immediately upon being posted on our website. ManageByStats reserves the right to cancel or refuse services to anyone based on inaccurate or outdated information.
There are no refunds on any paid accounts once payment has been made. We are providing a 14-day trial in order to allow clients time to make sure ManageByStats’ service is satisfactory before making any payments. Payment made for a ManageByStats monthly subscription constitutes agreement with our Terms of Service and our refund policy.
If you have already made payment for any given month, and you terminate your account at some point during the same month for which you already paid, there will be no refunds of amounts paid. ManageByStats will not refund fees charged to your account and credit card as a result of your failure to properly terminate your account in accordance with these Terms and Conditions.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the SellerBlast service may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. Payments for Fees and reimbursements for expenses, if any, will be billed monthly and will be due immediately upon receipt of invoice, or may be pre-paid in advance.
Email Appends Service
ManageByStats provides a service known as "Email Appends", which finds real email addresses for your customers and makes these available to you. This is a premium service, with separate additional payments. When you order Email Appends services, or subscribe to our monthly Email Appends service, you agree to pay for every email address found and provided. At times you will pay an estimated 50% fee on these to get started, with the remainder due when we have finished the Email Appends process for you. In these cases you agree and commit to paying the remainder once the email appends process has finished and the exact number of email address found is known.
When you are purchasing appended email addresses from us, you are purchasing a commodity. Once we have delivered these email addresses to you, they are yours. You are fully responsible for the use of the appended email data and you acknowledge and accept that ManageByStats will not be responsible for or accept any liability related to your use of the data. Additionally, while ManageByStats may provide some suggestions or recommendations on how to best use this data, ManageByStats will under no circumstances be required to provide any training on how to perform email campaigns and/or any other related training in connection with the purchase of appended email data. You accept full responsibility for the use of the data, for learning how to create email campaigns and how to adhere to all applicable laws, both domestic and Foreign. You will not hold ManageByStats responsible for any lack of success in the use of the data, and you fully accept that there are no refunds.Once Email Appends service is ordered, orders cannot be cancelled and cannot be refunded.
Email Marketing Services - SellerMail™ and SellerBlast™
With the SellerMail service, the sending of 1,000 emails monthly is included free in your ManageByStats subscription. If you send more than that you will be subject to recurring monthly subscription fees and will need to pick a plan and prepay for it. If you exceed the number of emails in the plan you pick, you will need to pay overage fees or upgrade to a plan allowing more emails. The use of SellerMail involves sending emails through Amazon's internal email service, and you accept full responsibility for complying with all of Amazon' Terms of Service Policies for their email service. You accept and acknowledge that ManageByStats has no responsibility for your use of the service and any way it affects your relationship with Amazon and/or your Amazon account.
If you use SellerBlast, you prepay for a monthly plan with a certain number of allowed email messages to be sent. Once you reach that level, your sending ability will be suspended until the next monthly payment period has been paid and initiated, or you upgrade to a higher plan with a higher number of allowed emails. You agree that ManageByStats has no control over what emails you send out with this service, and that ManageByStats is in no way responsible if your use of the system gets your domain or IP address blacklisted. You understand that you may need to pay an additional setup fee to get a new domain and IP address set up if you need these. And ManageByStats reserves the right to refuse service if you misuse the email service or repeatedly cause blacklisting of your domain and IP address, as that can affect other users on the system.
ManageByStats reserves the right to limit the access to the service if it deems, at its sole discretion, that an account is using excessive resources.
Abuse, Suspension, Termination.
Without limiting our other remedies, we may limit, suspend, or terminate our service and your account at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event ManageByStats limits, suspends, or terminates your account, all monies paid to ManageByStats are non-refundable.
Limitation of Liability.
Under no circumstances, including but not limited to negligence, will ManageByStats or ManageByStats LLC be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, loss of materials, loss of content, loss of goodwill, costs of procuring substitute goods and services, and property damage, that result from (a) the use of, or the inability to use the ManageByStats website, or (b) the conduct or actions, of any user of the ManageByStats.com website or any other person or entity, even if we have been advised of the possibility of such damages. In the event ManageByStats or ManageByStats LLC is found liable, ManageByStats LLC's total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past three (3) months, if any, or $100, whichever is less.
The ManageByStats.com website and services are provided on an as-is basis and without warranty or condition, express, implied or statutory. ManageByStats and ManageByStats LLC specifically disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
ManageByStats reserves the right to cancel inactive accounts at our sole discretion and without notice.
By accepting this Agreement, you agree to indemnify, defend, and hold ManageByStats and ManageByStats LLC and its related parties harmless from all claims, judgments, costs, expenses, liabilities or attorneys fees.
The enforcement of this agreement shall be interpreted under the laws of Florida. The venue for any legal action shall be in Pinellas County, Florida