When it comes to finding out what’s really going on in your Amazon business and automating growth, there is no more powerful resource than ManageByStats (MBS). This is truly a software suite for Amazon sellers, built by real Amazon sellers.
When ManageByStats has access to your data, we agree to:
- 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.
In addition to the above, please see our Data Processing Agreement for the complete wording of our Data Processing terms: https://managebystats.com/data-processing-agreement
To Use Our Services (defined below), You:
- May need to register with us to access and use some of our Services
- Must not initiate or participate in any activities on our Services that are illegal, harmful, or interfere with anyone’s use of our services, including the sending of e-mail or instant messaging spam
If You Post Content On our Services, You:
- May post content that you create or have been given permission to post by the owner, is legal, and does not violate this Agreement
- Are responsible for content, data and information that you post to our Services and assume all risks of posting personal information online
- Continue to own the content but grant us a license to use and distribute your content, subject to and in accordance with this Agreement.
I. DESCRIPTION OF SERVICES
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 done 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.
By accessing or using our Software-as-a-Service (SaaS) subscription service(s), website(s), mobile app(s), software, API(s), other product(s), service(s), data, or information supplied to you by the Company (collectively, as applicable, the “Services“), including without limitation by downloading, installing or using any associated software, APIs or apps supplied by the Company, including any for which the purpose is to enable you to use the Services (collectively, the “Software”, which is considered a part of the Services), you agree to the terms of this Agreement.
Any reference to www.ManageByStats.com, or other similar references, shall include any and all pages, subdomains, affiliated domains, brands, products or other areas of our website, or any other affiliated sites or domains owned or operated by or on behalf of us, plus any of the online content, information and services as made available in or through the website.
The Services include without limitation all aspects of the website, or of any app or other product or service, including but not limited to all products, Software and other applications, features, channels and services offered therein. Any reference to “content” shall include all content in all forms or mediums, such as (without limitation) text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
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.
You must be at least 18 years of age, and, where law requires an older legal age, of legal age for contractual consent or older to use this website and/or the other Services. Due to the age restrictions, no content or information from the Services falls within the Child Online Privacy Protection Act (“COPA”) and is not monitored as doing so.
All information and services are exchanged electronically, via the internet. You are responsible for maintaining your own access to the internet. You consent to receiving communications electronically.
Company is a privately owned and operated company and does not represent or speak for any governmental office or authority. You may acquire additional products, services and/or content of ours from our websites or Services. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such additional products, services and/or content, which terms will apply in addition to these Terms.
II. PASSWORDS AND ACCESS
In order to access some features of the Services, you may have to register or create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
It is a condition of your use of the Services that all the information you provide will be correct, current, and complete; If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.
You shall not download any content, software or services unless you see a “download” or similar link displayed by Company on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Services and their content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
III. YOUR OBLIGATIONS
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services.
You may not:
- Restrict or inhibit any other user from using and enjoying the Services;
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding;
- Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
- Resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;
- Use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
- Use data mining, robots or other similar data gathering and extraction tools;
- Access (or attempt to access) this site through any automated means (including use of scripts or web crawlers);
- Make any derivative works based, in whole or in part, on any portion or all of the Services;
- Use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;
- Mirror or cache or store any pages or portions of the Service;
- Co-brand any portion of the Services;
- Otherwise imply any relationship with or endorsement of your brands or services;
- Use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;
- Portray Company or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner;
- Use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services;
- Attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
- Post or transmit any photograph or likeness of another person without that person’s consent, if and to the extent necessary under applicable laws;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
With respect to any Software, including without limitation subscription software as a service, subject to the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-transferable license to access and use such Software during the term of this Agreement, solely by the number of authorized users as set forth on the applicable ordering document, and solely for internal and non-commercial purposes, provided that you shall also comply at all times with all official documentation, technical manuals, functional manuals, operator and user guides and manuals.
You shall not, and shall not attempt to (and shall not authorize or allow any third party to or attempt to):
- download or otherwise obtain a copy of the Service (as applicable as such term is used herein, including any portion thereof) in any form;
- reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Service or otherwise modify, the Service, or create any derivative works thereof; or
- use the Service on behalf of any third party or for any purpose other than as described in this Agreement;
- sell, resell, lease, license, sublicense, distribute, reproduce, copy, duplicate, or otherwise transfer or exploit the Service or use it as a service bureau;
- post, send, process or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third party rights;
- post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Service or attempt to gain unauthorized access to the Service or related systems or networks;
- remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the software or on any copies made in accordance with this Agreement;
- remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the Service, or documentation, or on any copies made in accordance with this Agreement;
- use, or authorize or permit the use of, the Service except as expressly permitted herein;
- use the Service to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third party. The Service may be used only by you
- for your internal business purposes and only for your direct benefit;
- only by the number of persons for whom a license fee has been paid, and all such use may only be by those persons using the Service for the benefit of you in the course and scope of their employment, subject to the terms hereof;
- only in its original form without alteration or combination with other products, services or software except as expressly authorized in any applicable documentation; and
- in compliance with all applicable laws and in compliance with all documentation and instructions provided by us.
- You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
We grant to you a limited, revocable, and non-exclusive right to create a hyperlink to our publicly available website(s), subject to the terms hereof, provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter, and provided you do not i-frame them or alter the content therein or in any way imply a relationship therewith. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
You will keep and protect any of our Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature.
You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree we shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity. Your confidentiality obligations shall survive termination or expiration of this Agreement.
While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of this Agreement.
IV. PUBLIC POSTINGS AND LICENSED MATERIALS
Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, “Public Postings”). These Public Postings will be treated as non-confidential and nonproprietary.
You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.
Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any Personally Identifiable Information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary.
By providing any Public Posting or Submission, you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Company the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.
You shall be solely responsible for your own content and any Public Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice.
We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account or otherwise block access for submitting such material in violation of this Agreement. We are not responsible for end user error or errors in inputs or for errors in any user supplied data.
We do not independently verify the truthfulness or accuracy of any data or content input into the Services and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.
V. FEES AND PAYMENTS
If and to the extent any portion of the Services may require a fee payment or incremental payment or subscription, you agree to pay Company any applicable fees posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify.
You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us.
Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
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, shown at the end of this General TOS.
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.
After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
VI. REFUND POLICY
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 prepaid in advance.
VII. WARRANTIES AND LIMITATIONS OF WARRANTIES.
If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if you signed up for designated term or timeframe, you will still be responsible for payment for the full term. If you did not subscribe for any minimum period, then you may cancel at any time on 30 days advance notice, and cease to use the Services, then you will not be charged any additional amounts after the effective date of such termination.
THE SERVICES, THE WEBSITE, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES. YOU ALSO AGREE TO PERSONALLY CHECK AND VERIFY THE ACCURACY OF THE INFORMATION PROVIDED BY THE SERVICES, AND TO ALERT THE COMPANY IMMEDIATELY IF ANY DISCREPANCIES ARE FOUND, AND YOU AGREE THAT THE VERIFICATION OF ACCURACY IS SOLELY YOUR RESPONSIBILITY AND NOT THE COMPANY’S.
VIII. LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.
We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.
You acknowledge that the information on the Website and other Services is provided ‘as is’ for general information only. If you use the Services to provide any services in any heavily regulated industry, such as, without limitation, medical, legal, tax or financial advice, you are fully responsible for all such services, and represent and warrant that you are appropriately certified to do so. You indemnify us for any failure by you or your agents to follow any applicable laws, rules and regulations. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions; you must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services.
If we breach this Agreement, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fee for one month (or up to USD$10.00 if the Services are free). YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment.
Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
IX. DURATION OF TERMS
Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections III through XIX of this Agreement will remain in effect in relation to any prior use of the Services by you.
You may terminate this Agreement at any time and for any reason by providing notice to Company in the manner specified in this Agreement or by choosing to cancel your access to the Services using the tools provided for that purpose within the Services. We may terminate this Agreement without notice or, at our option, temporarily suspend your access to the Services, in the event that you breach this Agreement. Notwithstanding the foregoing, Company also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means.
After termination of this Agreement for any reason, you understand and acknowledge that Company will have no further obligation to provide the Services or access thereto. Upon termination, all licenses and other rights granted to you by this Agreement, if any, will immediately cease, but your licenses to us shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.
X. MODIFICATION OF TERMS
Company may change the terms of this Agreement from time to time. You will be notified of any such changes via email (if you have provided a valid email address) and/or by our posting notice of the changes on the Services (which may consist of publishing the changes on our website). Any such changes will become effective when notice is received or when posted on the Services, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Services following such notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
XI. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate this Agreement as set forth herein. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, Software, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services.
You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
Unless otherwise stated, all content in our websites or other Services, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
XIII. INTERNATIONAL USERS
The Services are controlled, operated and administered by us from within the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement.
Access to the Services is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services. Any personal information which we may collect via the Services may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
XIV. THIRD PARTY CONTENT AND SERVICES
Certain content (including without limitation advertisements) on the Services may be supplied by third parties. Company does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including without limitation, suppliers and vendors, advertisers, or any customer or user of the Services, are those of the respective authors or distributors and not of Company or its affiliates or any of its officers, directors, employees, or agents.
In many instances, the content available on the Services represents the opinions and judgments of the respective third parties, whether or not under contract with Company. You may enter into correspondence with or participate in promotions of such third parties, such as advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such third party.
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services. Under no circumstances shall Company, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Services.
The Services may integrate and/or interact with third party services, such as via APIs or browser extensions. For example, the Services may leverage APIs from Amazon.com., Inc., Amazon Services LLC and/or its affiliates (“Amazon”) to integrate with and interact with certain Amazon services, and/or Google Chrome browser extensions.
The Amazon name and brand is a registered trademark of Amazon. The Google and Chrome names and brands are registered trademarks of Google. Company has no affiliation, association, endorsement, or sponsorship by Amazon or Google or any other third party services with which it integrates or interacts from time to time (“Third Party Services”).
Company makes no claim, representation or warranty of any kind, type or nature concerning Company’s or any User’s compliance with any third party terms of service. It shall be each User’s sole responsibility to analyze and interpret any applicable third party terms of service (such as, without limitation, Amazon or Google terms of service) for such User (collectively, “Third Party Terms”). Each User is solely responsible for their interpretation of Third Party Terms and their actions relevant to compliance thereof.
By using the Services, you hereby release Company and waive any and all claims or claim rights that you may have against Company, and release and indemnify Company against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties.
Without limiting the generality of the foregoing, you acknowledge and agree that in order for the Services to work with certain Third Party Services, such as Amazon’s Marketplace Web Services, you hereby grant us access to your applicable third party account(s), including without limitation your Amazon seller central account for Amazon’s Marketplace Web Services, and consent to give us access to collect and use certain data found therein, including without limitation for purposes of us providing the Services, enhancing our Services, collecting and delivering market insights, predicting outcomes, and other business purposes.
Such data may include without limitation sales data and information, pricing, shipping costs, and other similar information, or other information provided for the Services herein. For clarity, this information is not considered confidential information of yours for purposes of this Agreement. You represent and warrant that you have all necessary rights, consents and approvals, to grant us this access and this information for such uses.
You understand that when using the Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
Aggregate/Anonymous Data: Customer agrees that ManageByStats will have the right to generate Aggregate/Anonymous Data and that Aggregate/Anonymous Data belongs to and is ManageByStats’ own technology, which ManageByStats may use for any business purpose during or after the term of this Agreement (including without limitation to generate and publish statistics, develop and improve ManageByStats’ products and services, create and distribute reports and other materials, and share with Third Parties and partners). For clarity, ManageByStats will only disclose Aggregate/Anonymous Data externally in a de-identified (anonymous) form that does not identify Customers, Authorized Users, or Visitors, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, cookie IDs, product names, brand names, ASINs, SKUs, account names, etc.).
XV. DIGITAL MILLENNIUM COPYRIGHT ACT
- If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
- If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company’s sole discretion.
XVI. CLASS ACTION WAIVER AND ARBITRATION
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.
You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
411 Cleveland Street, Suite 110
Clearwater, FL 33755
Telephone: (727) 475-2995
You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration agreement, in which case Company has the right to refuse to deliver the Services.
If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
XVII. EMAIL COMMUNICATIONS
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.
You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, or the transactions contemplated in this Agreement.
You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void.
This Agreement, the Services, and the rights and obligations of the parties with respect to the Services will be subject to and construed in accordance with the laws of the State of Florida, excluding conflict of law principles. By accessing or using any Services you agree that the statutes and laws of the State of Florida, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Pinellas County, Florida with respect to such matters.
This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and Company with respect thereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred.
XIX. EMAIL MARKETING SERVICES – SellerMail™ And SellerBlast™
With the SellerMail service, the sending of 1,000 emails monthly is included for 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’s 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.
XX. TERMINATION POLICY.
The term of this General TOS commences on the date you first register to use any ManageByStats Product or otherwise indicate your agreement to this General TOS, renews each time you log into or use any ManageByStats Product, and continues until terminated by either you or us. ManageByStats is a self-serve software product, and you can cancel your own account and your services manually at any time yourself, but either of you or us may also terminate ManageByStats Products and services upon written notice to the other. If you chose to use the written method, only an email to firstname.lastname@example.org is an acceptable method. No verbal terminations of services are acceptable.
IF YOU CANCEL YOUR SUBSCRIPTION FOR A MANAGEBYSTATS PRODUCT FOR CONVENIENCE BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, THE FEES FOR THAT SUBSCRIPTION PERIOD ARE NON-REFUNDABLE AND REMAIN DUE (AND YOU MAY BE ENTITLED TO CONTINUE TO USE SUCH MANAGEBYSTATS PRODUCT (IN ACCORDANCE WITH THIS GENERAL TOS) UNTIL THE END OF THAT SUBSCRIPTION PERIOD). WHERE WE DO PROVIDE FOR A REFUND, YOUR RIGHT TO USE THE APPLICABLE MANAGEBYSTATS PRODUCT TERMINATES IMMEDIATELY. ANY PROVISIONS OF THIS GENERAL TOS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THIS GENERAL TOS FOR ANY REASON WILL SURVIVE, AS WILL ANY PROVISIONS OF THIS GENERAL TOS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.
Notwithstanding anything in this General TOS to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your and/or any of Your Users’ access to or use of ManageByStats Products, or to terminate this General TOS, IMMEDIATELY AND WITHOUT ANY LIABILITY TO YOU in the event of (i) a breach of this General TOS by you (including failure to make any payment when due) or (ii) any act or omission of any of Your Users that (a) would constitute a violation of this General TOS if done by you or (b) in our reasonable discretion, poses a risk of disruption or interference with a ManageByStats Product (or the security thereof) or with any other user’s use of a ManageByStats Product, or (c) constitutes (in our reasonable discretion) an unreasonable, excessive or abusive use of ManageByStats Products, our systems or resources. Neither termination of this General TOS or suspension of your use of a ManageByStats Product relieves you of your obligation to pay amounts due to us.
In addition, and without limiting any other right of termination we may have, we may terminate this General TOS for convenience with respect to a given ManageByStats Product by discontinuing the ManageByStats Product on notice to you, and this termination will be WITHOUT LIABILITY TO YOU, provided that, if you have prepaid fees for use of the discontinued ManageByStats Product beyond the date that such discontinuance becomes effective, we will refund you such unused prepaid fees, which will be your SOLE AND EXCLUSIVE REMEDY FOR SUCH TERMINATION OR DISCONTINUATION.