REVSELLER - TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement ("Terms of Use") that applies to your viewing or use, in any way, of RevSeller's websites, applications, browser extensions, and other interactive services ("Software") that includes an authorized link to these Terms of Use, which assists sellers in making faster and more informed product decisions. The Software is owned, operated and/or provided by RevSeller, LLC ("RevSeller").

For purposes of these Terms of Use, "You" means the user of Software and includes the terms "your", "user", and "customer."

Please review the following terms carefully. By accessing or using the Software, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Software.

PRIVACY STATEMENT

RevSeller is committed to protecting your privacy. Only authorized RevSeller agents, on a need-to-know basis, use information collected from individual customers. RevSeller constantly reviews its systems and data to ensure the best possible service to its customers. For more information on RevSeller’s Privacy and Cookie Policy, please visit Privacy & Cookie Policy.

REGISTRATION RULES FOR USER CONDUCT AND USE OF THE SOFTWARE

You need to be at least 13 years old and a resident of the United States or Canada to register for and use the Software. If you are a user who signs up for the Software, you will need to create a personalized account, which includes a unique username and a password to access the Software and to receive messages from RevSeller. You agree to notify RevSeller immediately of any unauthorized use of your password and/or account. RevSeller will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password, or account.

USE RESTRICTIONS

Your permission to use the Software is conditioned upon the following Use Restrictions. You agree that you will not under any circumstances:

• use the Software for any unlawful purpose or for the promotion of illegal activities,
• use another user's account without permission,
• provide false or inaccurate information when registering an account,
• interfere or attempt to interfere with the proper functioning of the Software,
• make any automated use of the system or take any action that RevSeller deems to impose or to potentially impose an unreasonable or disproportionately large load on its servers or network infrastructure,
• bypass any robot exclusion headers or other measures RevSeller takes to restrict access to the Software or use,
• any software, technology, or device to scrape, spider, or crawl the Software or harvest or manipulate data, or
• publish or link to malicious content intended to damage or disrupt another user's browser or computer.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Software, but not directly by RevSeller, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. RevSeller does not guarantee the accuracy, completeness, or usefulness of any information on the Software. RevSeller neither adopts or endorses, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than RevSeller. RevSeller takes no responsibility and assumes no liability for any user content that you, any other user, or a third party posts or sends over the Software. Under no circumstances will RevSeller be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Software or transmitted to users or the lack of information on the Software.

Although RevSeller strives to enforce these Terms of Use, you may be exposed to information that is inaccurate or objectionable. RevSeller reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Software or to limit or deny a user's access to the Software or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which RevSeller deems unlawful, offensive, abusive, harmful or malicious. RevSeller may remove any such material that, in its sole opinion, (1) violates, or is alleged to violate, the law or these Terms of Use, (2) which might be offensive, or (3) that might violate the rights of, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law. If you become aware of any misuse of the Software, please contact RevSeller through the Customer support contact form.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Software, RevSeller may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to you. RevSeller has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by RevSeller, and RevSeller is not responsible for any Third Party Sites accessed through the Software or any Third Party Applications, Software or Content posted on, available through, or installed from the Software, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by RevSeller. If you decide to leave the Software and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and you should be aware that RevSeller’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Software or relating to any applications you use or install from the RevSeller website.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. RevSeller respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, RevSeller has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Software who are repeat infringers. RevSeller may terminate access for participants or users who are repeatedly found to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA TakeDown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Software infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to RevSeller through the Customer support contact form:

1. The date of your notification,
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
3. A description 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,
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable RevSeller to locate such work,
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address,
6. 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
7. 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.

(c) Counter-Notices. If you believe that your user content that has been removed from the Software 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 content in your user content, you may send a counter-notice containing the following information to RevSeller using the contact information set forth above:

1. Your physical or electronic signature,
2. A description of the content that has been removed and the location at which the content appeared before it was removed,
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content,
4. Your name, address, telephone number, and email address, and
5. A statement that you consent to the jurisdiction of the Vanderburgh County Circuit Court located in Vanderburgh County, Indiana or the U.S. District Court for the Southern District of Indiana, Evansville Division 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 RevSeller, then RevSeller may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content 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 (in the RevSeller's sole discretion) be reinstated on the Software in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

You acknowledge and agree that RevSeller and its licensors retain ownership of all intellectual property rights of any kind related to the Software, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Software may be trademarks of their respective owners. RevSeller reserves all rights that are not expressly granted to you under these Terms of Use.

SUSPENSION OF SERVICE DUE TO THIRD PARTY ACTION

The Software operates by accessing and compiling information that is owned by third parties. If Revseller’s access to such information is restricted or terminated, the Software may be unable to function or may experience a reduction in the quality of service. As such, Revseller cannot guarantee the continuation or quality of service when such access to information is restricted or terminated by third party action. By using the Software, you acknowledge that you understand and agree to assume these risks.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Software's email and messaging system, will not constitute legal notice to RevSeller or any of its officers, employees, agents, or representatives in any situation where notice to RevSeller is required by contract or any law or regulation. Legal notice may be mailed to RevSeller at the following address:

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from RevSeller in an electronic form via the email address you have submitted and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that RevSeller provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing. The foregoing does not affect your nonwaivable rights. RevSeller may also use your email address to send you other messages, including information about RevSeller and special offers. You may opt out of such email by changing your account settings or by contacting support through the Customer support contact form.

Opting out may prevent you from receiving messages regarding RevSeller or special offers.

REFUNDS

RevSeller will honor a full refund of the user's payment for the Software under normal circumstances, if requested by the customer in writing through the Customer support contact form and sent within five (5) business days of payment by the paying customer from the same e-mail address that the customer used to register with RevSeller. In the event the Software no longer works due to actions of a third party, in addition to the other disclaimers and waivers contained within these Terms of Use, RevSeller will not be responsible for any refund, restitution, payment, or resulting loss or damage to customer.

WARRANTY DISCLAIMER

THE SOFTWARE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, REVSELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REVSELLER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO, AVAILABILITY OF OR OPERATION OF THE SOFTWARE WILL BE PERPETUAL, UNINTERRUPTED, OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SOFTWARE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVSELLER, ITS AFFILIATES, DIRECTORS, OR AGENTS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT, (B) YOUR USE OR INABILITY TO USE THE SOFTWARE, (C) THE SOFTWARE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SOFTWARE AVAILABLE, (D) THE SUSPENSION OR TERMINATION OF SERVICE, OR (E) ANY OTHER INTERACTIONS WITH REVSELLER OR ANY OTHER USER OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVSELLER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, or a merchant of a product or service relating to the Software, you release RevSeller (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code &1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

MODIFICATION OF TERMS OF USE

RevSeller can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Software from time to time to view any such changes in these Terms of Use. If you continue to use the Software, you signify your agreement to any revisions to these Terms of Use. However, you will be notified of material changes to these Terms of Use by a notice posted on RevSeller’s homepage and/or an email sent to the email address you provided upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of RevSeller's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of RevSeller. No purported waiver or modification of these Terms of Use by RevSeller via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of RevSeller to enforce any provision of these Terms of Use will not be considered a waiver of its right to enforce such provision. RevSeller’s rights under these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of your relationship with RevSeller must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Software are governed by the federal laws of the United States of America and the laws of the State of Indiana, without regard to conflict of law provisions. RevSeller may assign or delegate these Terms of Use and/or RevSeller's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without RevSeller's prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RevSeller AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND RevSeller RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

Last Updated: This Terms of Use was last updated on February 1, 2021.

RevSeller's privacy policy

RevSeller, LLC (the "RevSeller") is committed to maintaining robust privacy protections for its users. Our Privacy Policy ("Privacy Policy") is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Software.

For purposes of this Agreement, "Software" refers to RevSeller's websites, applications, browser extensions, and other interactive service websites, which assists sellers in making faster and more informed product decisions. The terms "we," "us," and "our" refer to the RevSeller. "You" refers to you, as a user of Software. By accepting our Privacy Policy and Terms of Use, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

Information we collect

We collect "NonPersonal Information" and "Personal Information." NonPersonal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, which you submit to us through the registration process at the Site.

1. Information collected via Technology

In an effort to improve the quality of the Software, we track information provided to us by your browser or by our software application when you view or use the Software, such as the website you came from (known as the "referring URL"), the type of browser you use, the device from which you connected to the Software, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user's browser from our servers and are stored on the user's computer hard drive. Sending a cookie to a user's browser enables us to collect NonPersonal information about that user and keep a record of the user's preferences when utilizing our services, both on an individual and aggregate basis.

RevSeller may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

2. Information you provide us by registering for an account

In addition to the information provided automatically by your browser when you use the Software, to become a subscriber to the Software you will need to create a personal profile. You can create a profile by registering with the Software and entering your email address, and creating a user name and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.

How we use and share information

1. Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for RevSeller, such as the servers for our email communications who are provided access to user's email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

2. NonPersonal Information.

In general, we use NonPersonal Information to help us improve the Software and customize the user experience. We also may aggregate NonPersonal Information in order to track trends and analyze use patterns of the Software. We will not use history of products visited or searched by a user, or any user-generated product information, for any purpose other than support, maintenance and software development for RevSeller. Except for product history and user-generated product information, this Privacy Policy does not limit in any way our use or disclosure of some NonPersonal Information and we reserve the right to use and disclose such NonPersonal Information to our partners, advertisers and other third parties at our discretion.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Software so that you may opt out of the new information practices. We suggest that you check the Software periodically if you are concerned about how your information is used.

Google Analytics

We use Google Analytics to collect usage statistics to help improve user experience. You may opt-out of Google Analytics tracking by visiting https://tools.google.com/dlpage/gaoptout.

How we protect information

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

Your rights regarding the use of your personal information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

Privacy of minors and children

RevSeller is committed to protecting the privacy of all users, including minors and children. However, the Software is not intended to be used by minors and children. Per the Children’s Online Privacy and Protection Act (COPPA), we will neither knowingly collect information from, nor knowingly sell information to those under the age of 13. A parent or guardian of any child under the age of 13 may request that we remove information collected in the event that such child has submitted Personal Information without the parent’s or guardian’s consent. To request the removal of such Personal Information from our system, please contact us as indicated below under the "Contact Us" section.

California privacy rights

California residents have the right to request, once per year, information about third parties with whom their Personal Information has been shared for marketing purposes as well as a description of the categories of Personal Information shared with third parties. To request this information, please email us at the email provided below under the "Contact Us" section and include in the subject line "California Privacy Request." Also include in your email your name, address, and email address. We will respond to your request within thirty days of receiving the necessary information.

European Union privacy rights

Residents of the European Union have the following rights:

1. Right to request that we delete all of your Personal Information from our system,
2. Right to request that we do not use or disclose your Personal Information for marketing purposes, and
3. Right to request access to your Personal Information that we have, including information about parties with whom we have shared your Personal Information.

To make any of the above requests, simply contact us as directed below under the "Contact Us" section with the subject line "EU privacy request." In the event that we become aware that your Personal Information is exposed through a data breach, we will notify you promptly via the primary email address specified in your account.

Canada privacy rights

RevSeller also provides the Software under a Canadian domain, which is subject to the Personal Information Protection and Electronic Documents Act ("PIPEDA").

1. The right to request access to the information held, and
2. The right to request corrections to the information held, if such information is inaccurate.

To make any of the above requests, simply contact us as directed below under the "Contact Us" section with the subject line "Canada privacy request." In the event that we become aware that your Personal Information is exposed through a data breach, we will notify you promptly via the primary email address specified in your account. We will also notify the Privacy Commissioner of Canada per PIPEDA requirements.

Use outside the United States

RevSeller is based in the United States. Use of the Software outside the United States may result in the transfer of your information within the United States. By using our Software, you consent to such transfer of your information. You also acknowledge and consent that any information transferred will be subject to the laws of the United States. RevSeller will protect the privacy of information transferred to it, regardless of from where the information is transferred, according to this Privacy Policy.

Links to other websites

As part of your use of the Software, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through your use of the Software. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link through our Software. To the extent that you access or use the Software through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

Changes to our privacy policy

RevSeller reserves the right to change this Privacy Policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Nonmaterial changes or clarifications will take effect immediately. You should periodically check the RevSeller website or Software and this privacy page for updates.

Contact us

If you have any questions regarding this Privacy Policy or the practices of our Software, please contact us through the Customer support contact form.

Last Updated: This Privacy Policy was last updated on February 1, 2021.