PRIVACY POLICY and TERMS & CONDITIONS for the USE OF THIS WEBSITE
- Privacy Policy
- We are fanatical about your privacy! Any and all information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned! Any information you give to us will not be used in ways to which you have not consented. We may, however, use your email address to send you information about the As Was website, products, and service only if you have opted into our mailing list(s).
- Please note that in order to provide better functionality to our users, our site employs cookies. Our site also requires that you agree to the token dropped by eBay and PayPal. All information relating to your eBay and PayPal accounts will be considered confidential.
- Terms and Conditions
BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY AS WAS (THE "SERVICE(S);"), OR BY ELECTRONICALLY ACCEPTING BY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE "TERMS") AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
- Ineligible Parties
- As allowed by law, you are ineligible to subscribe to subscription based Services if you have been convicted for any computer or Internet related crimes within the last 5 years, are more than 60 days past due on any monies owed to As Was, or are located in a place that has laws or regulations which prohibit the use of As Was's Services.
- Your Identity and Authority
- You agree to provide current, accurate information in all electronic or hardcopy registration forms you submit in connection with using the Services. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity.
- Prohibited Uses
- You must not direct bots, spiders, crawlers, or any other automated process at As Was's computer systems or hosting companies, without prior written approval.
- You must not, through the use of the Services or by any other means, create unreasonable load on any of As Was's Devices.
- You must not use the Services to gain or attempt to gain direct access into eBay, PayPal, or any individual's eBay or PayPal account that you are not authorized in writing to access.
- You must not use the Services or As Was's Devices to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws.
- You must not access information on As Was's Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with our Privacy Statement. To read more about As Was's Privacy Statement, click here. If you should gain access to any such information for which you are not authorized, by any method or means, or for any reason, you must report it to As Was immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to info@aswas.com, or by calling +1 520 204 1935. Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.
- Conduct and Content
- You are expected to use the Services in a responsible, businesslike manner in accordance with the law. You are responsible for your conduct while on the site, as well as any content you post, distribute, transmit or solicit from others.
- You will not use the Services in such a way as to distribute, link-to, transmit or solicit any content of any type that: (a) is unlawful, libelous, violates a contract, or regulation; (b) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal behavior, violence or racism; (d) infringes on someone's intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the web site or Services in any way; or (i) reveals your account access information such as your password or secret question. You will comply with all applicable laws, regulations, and As Was policies regarding on-line conduct and Content.
- Security
- You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify As Was of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another's password for any reason. You will not access someone else's account, nor disrupt, interfere, or limit the functioning of the Services, or other's use of the Services.
- Support
- You agree that your use of the Services is at your own risk. As Was, its officers, directors, employees, and consultants are not responsible for your use of the Services. Under this agreement, As Was is obligated to provide support only during normal Mountain Standard Time working hours. Any additional support shall be under a separate agreement.
- Copyright and Intellectual Property
- All content provided by As Was in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print As Was documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.
- All logos and images displaying the As Was or EverySeller logo are the trademark of As Was, Inc. You may not copy, use, broadcast, or distribute these in any way.
- All logos and images displaying the eBay logo are the trademark of eBay, Inc. You may not copy, use, broadcast, or distribute these in any way.
- All eBay listings using the EverySeller Research code for tracking purposes must display the EverySeller logo and slogan, known as the "Third Party Credit." This may not be removed or modified in any way. Removal or modification of the Third Party Credit may result in your account being terminated with no refunds and all of your saved data erased from the EverySeller Research system.
- Use of Interactive Services
- Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues, generally available As Was Services and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints or for you to solicit for business. As Was may or may not screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so. As Was is not responsible for any such content.
- Confidentiality
- You will, by using the services or by contact with As Was staff, come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
- Payment and Automatic Renewal
- You agree that subscription based Services will automatically renew at the end of the current subscription period, at the then current retail price for the service until such a time as you request otherwise in writing at least 15 days prior to the beginning of the next billing cycle.
- You are in default of this agreement if you fail to pay any amount owed to As Was when due, subject to a 10 day grace period, or you fail to comply these Terms. Unless otherwise stated, fees for Services are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, As Was may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) Terminate Services; (c) Terminate this agreement; (d) take any other lawful action As Was may deem appropriate to enforce your obligations under this agreement. You agree to pay costs and reasonable attorney's fees As Was may incur enforcing it's rights under this agreement.
- You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services.
- Indemnity
- You agree to indemnify, hold harmless, and defend As Was, its officers, directors, employers, agents, suppliers, licensors, consultants, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney's fees ("Claims") resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. As Was does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.
- As Was's Services are provided on an "As Is, As Available" basis without any warranty of any kind. You understand that assessing computer security is highly complex and changeable. As Was makes no warranty that the Services will find every visit to your listings or click on your links, or that the solutions suggested and advice provided in this report will be complete or error-free. As Was shall be held harmless and free from all liabilities for any use or application of the information provided by As Was in connection with using the services. Additionally, As Was makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. As Was MAKES NO WARANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
- You expressly agree that As Was shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that As Was's liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to As Was in the 12 months preceding the proper service of the cause of action.
- Modification of Privacy Policy, Terms, Services
- As Was reserves the right to modify the Privacy Policy and these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. As Was also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.
- Entire Agreement
- You acknowledge that these Terms with the included Privacy Statement constitute the entire agreement between you and As Was. You agree that these terms supersede any prior agreements or statements made verbally or in writing.
- Severability
- You agree that if any term in this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
- Governing Law
- These Terms will be governed by Arizona and controlling U.S. Federal Law.
- Waiver of Rights
- You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
- Term and Termination
- You agree that this agreement shall remain in effect for as long as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to As Was. You agree that As Was can terminate this agreement at any time for any reason, with or without cause, if it has reason to believe that you are violating the Terms in any way, or when the Service is permanently discontinued. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription.
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