EBAY NOW MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE — USA

By using eBay Now (including this site or mobile application and related eBay Now sites, services, applications and tools) (the "Service "), you agree to the following terms with eBay, Inc., in addition to the eBay Privacy Policy and User Agreement. Your use of the Service is also subject to the eBay Now Terms of Service set forth below.

PRIVACY POLICY

This policy applies to your use of the Service and tells you how we use and protect the information we collect.

Collection and Use.When you use the Service, we may collect and store some or all of the following, for the purpose of providing you the eBay Now user experience:

We and our service providers use this information to operate and improve our applications, sites, services, and tools.

Sharing Information and Tracking. We may use third parties to provide parts of our services as well as to provide analytical data about your use of the Service back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.

The Service utilizes the Google Maps API Service as part of its functionality. By using the Service, you're agreeing to be bound by Google's Privacy Policy, where you can control your privacy settings. Because the Service contains links to or uses third party sites or services that are not owned or controlled by eBay, eBay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. You are subject to the policies of those third parties where applicable. By using the Service, you expressly relieve eBay from any and all liability arising from your use of any such third party site or service. We encourage you to ask questions before you disclose your personal information to anyone.

User Control: Location and Uninstall. You can access and change user settings, such as deleting your search history, from the options/settings menu on your device. Uninstallation methods vary depending on your device. To uninstall the eBay Now mobile application, please use the application manager provided with your device or consult your device manual for reference.

Security. The information the Service collects may be stored locally on your device and may be transmitted to our servers in the United States. The transmission of information over wireless and wired networks is not inherently secure. eBay uses many tools to help protect your personal information against unauthorized access and disclosure however we do not guarantee, and you should not expect, that your personal information or private communications will always remain private when using the Service.

Policy Changes. eBay reserves the right to make changes to this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using the Service. Any use of the Service after the thirty (30) day notice period constitutes your acceptance of any change.

Privacy Contact. For questions about this Privacy Policy, please contact us at eBay Inc., Attn: Legal - Global Privacy Practices, 2145 Hamilton Avenue, San Jose, California 95125.

TERMS OF USE

Use. eBay grants you the right to use eBay Now applications, sites and tools only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize eBay Now applications, sites or tools or any information or software associated therewith; (b) rent, lease or otherwise transfer rights to eBay Now applications, sites or tools; or (c) use the Service in any manner that could impair any eBay site in any way or interfere with any party's use or enjoyment of any eBay site. You must use the Service in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using the Service (e.g. Google, your wireless data service agreement). Your right to use the Service will terminate immediately if you violate any provision of this Terms of Use.

iOS App. The following additional terms apply if you’re accessing the Service as an eBay mobile application for an iOS product (“iOS App”). This is an agreement between you and eBay, and not with Apple. Apple is not responsible for the iOS App and the content thereof. eBay grants you the right to use the iOS App on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including but not limited to: (a) product liability claims; (b) any claim the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iOS App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. Apple and Apple's subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to the eBay Now applications, sites and tools, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not: (a) modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code or any data or content from the Service; (b) circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of the Service; or (c) remove, obscure or alter eBay's or any third party's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by the Service.

eBay's Verified Rights Owner (VeRO) program works to ensure that content does not infringe upon the copyright, trademark or other intellectual property rights of third parties. eBay is committed to protecting the intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and eBay will investigate your notice.

Disclaimer of Warranties. eBay disclaims responsibility for any harm resulting from your use of the Service. The Service is provided "as is" and "as available". eBay expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the Service. You download and use the Service at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Service. Functionality in the Service may not occur in real time. Such functionality is subject to delays beyond eBay's control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.

The products displayed in the Service are sold by third-party merchants, not by eBay. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of third-party merchant content, or for the products or services available from such third-party merchants. eBay does not guarantee the accuracy of, and will not assume any liability for your purchase decisions (and your subsequent use of purchased products and services) that may be informed by, the information provided by the Service.

The Service contains links to, or utilizes, third party sites and services that are not owned or controlled by eBay (e.g. Google Maps API). eBay has no control over, and assumes no responsibility for the content, policies, terms of service, or practices of any third party site or service. You are subject to the policies and terms of service for those third parties, where applicable. Further, you agree to be bound by Google's Terms of Use when using the Service. By using the Service, you expressly relieve eBay from any and all liability arising from your use of any third-party site or service accessed from the Service.

When using the Service, you may be exposed to content from a variety of sources. eBay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. Further, you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against eBay and will indemnify and hold eBay, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to such content.

Limitation of Liability. eBay is not liable to you or any user for any use or misuse of the Service. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (regardless of whether you or eBay has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification. You will indemnify and hold harmless eBay and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Service, any alleged violation of the Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Application or Terms of Use Changes. eBay reserves the right to make changes to the Service or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Service. Any use of the Service after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country and you are not listed on any US Government list of prohibited or restricted parties. The Service or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Service to any prohibited country, person, end-user or entity specified by US Export Laws.

Revision Date: June 3, 2013
Last Revision: May 17, 2013

Copyright 2013 eBay Inc.


1) Portions of this product Copyright 2009 Stig Brautaset. All rights reserved.

2) Portions of this product include JSONKit © 2011 John Engelhart. All rights reserved.

3) Portions of this product include appledoc Copyright 2009-2011 Gentle Bytes. All rights reserved. Redistributions of documentation generated by appledoc must include attribution to appledoc, either in documentation itself or other appropriate media.

4) Portions of this product include Speex Copyright 2002-2005 Xiph.org Foundation, Jean-Mark Valin, David Rowe, EpicGames, Analog Devices

5) Portions of this product include libSRTP Copyright 2001-2006 Cisco Systems, Inc. All rights reserved.

6) Portions of this product include ISO8601DateFormatter.m created by Peter Hosey. Copyright 2009 Peter Hosey.

7) Portions of this product include NSLogger created by Florent Pillet. Copyright 2010-2012 Florent Pillet.

8) Portions of this product include Makoto Matsumoto and Takuji Nishimura's [Mersenne Twister](http://www.math.sci.hiroshima-u.ac.jp/~m-mat/MT/emt.html). Copyright (C) 1997 - 2002, Makoto Matsumoto and Takuji Nishimura, All rights reserved.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


1) Portions of this product include © 2011 Dmitry Stadnik. All rights reserved. The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either express or implied, of the copyright holder.

2) Portions of this product include Erica Sadun's iPhone Developer's Cookbook Code Samples and uidevice-extension categories (https://github.com/erica/). Copyright (c) 2012, Erica Sadun, All rights reserved.

3) Portions of this product include Willow Garage's OpenCV (http://opencv.willowgarage.com/wiki/)

4) Portions of this product include Base64 [en|de]coding methods by Dave Winer, via Colloquy's Chat Core (http://colloquy.info/project/wiki/Source%20Code)

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


1) Portions this product include JSONKit Copyright 2011 John Engelhart

2) Portions of this product include Google Toolbox for Mac Copyright 2011 Google

3) Portions of this product include GTMBase64 Copyright 2008 Google

4. Portions of this product include Facebook's Three20. Copyright 2009-2011 Facebook.

5) Portions of this product include Openstack [the Openstack website](http://openstack.org/)

6) Portions of this product include ActionBarSherlock (https://github.com/JakeWharton/ActionBarSherlock) Copyright 2012 Jake Wharton

7) Portions of this product include SlidingMenu (https://github.com/jfeinstein10/SlidingMenu) Copyright 2012 Jeremy Feinstein

8) Portions of this product include DiskLruCache (https://github.com/JakeWharton/DiskLruCache) Copyright 2012 Jake Wharton; Copyright 2011 The Android Open Source Project

9) Portions of this product include range-seek-bar (https://code.google.com/p/range-seek-bar/) Stephan Tittel (stephan.tittel@kom.tu-darmstadt.de)

10) Portions of this product include Android-ViewPagerIndicator (https://github.com/JakeWharton/Android-ViewPagerIndicator) Copyright 2012 Jake Wharton; Copyright 2011 Patrik Ã…kerfeldt; Copyright 2011 Francisco Figueiredo Jr.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use these files except in compliance with the License.

You may obtain a copy of the License at http:www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.


1) Portions of this product include Base64Transcoder.c and Base64 Test created by Jonathan Wight. Copyright 2003 Toxic Software. All rights reserved.

2) Portions of this product include EGOTableViewPullRefresh by Devin Doty. Copyright 2009 enormego. All rights reserved.

3) Portions of this product Copyright 2010 ShareKit. Created by Nate Weiner.

4) Portions of this product include IIViewDeckController by Tom Adriaenssen. Copyright 2011 Tom Adriaenssen. All rights reserved

5) Portions of this product include SDWebImage by Olivier Poitrey. Copyright 2009 Olivier Poitrey (rs@dailymotion.com) . All rights reserved

6) Portions of this product include Tom Znamenek's Lambda Alert: Copyright (c) 2010-2011 Tom Znamenek, (zoul@fleuron.cz)

7) Portions of this product include Josh Bleecher Snyder's TLCommon: Copyright (c) 2009 Treeline Labs

8) Portions of this product include George Kitz's UIDevice-with-UniqueIdentifier-for-iOS-5: Copyright (C) 2012, Georg Kitz, @gekitz

9) Portions of this product include HorizontalListView (https://github.com/dinocore1/DevsmartLib-Android) Copyright (c) 2011 Paul Soucy (paul@dev-smart.com)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


Portions of this product include NSURLExtensions, UIImageExtensions, UIViewExtensions, GridView and GridViewCell Copyright 2009-2011 Synapticats, LLC. All rights reserved.

As a client of Synapticats, LLC, either directly or indirectly via a third party, you are hereby granted a perpetual non-exclusive license to use and modify this source code, and to publicly distribute it in binary form as part of commercial and/or non-commercial products. Public distribution in source form, and distribution in any form with the intent to explicitly allow public access to the functionality contained herein, is prohibited.


Portions of this product include alaw/ulaw conversion algorithm

This source code is a product of Sun Microsystems, Inc. and is provided for unrestricted use. Users may copy or modify this source code without charge.

SUN SOURCE CODE IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Sun source code is provided with no support and without any obligation on the part of Sun Microsystems, Inc. to assist in its use, correction, modification or enhancement.

SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY THIS SOFTWARE OR ANY PART THEREOF.

In no event will Sun Microsystems, Inc. be liable for any lost revenue or profits or other special, indirect and consequential damages, even if Sun has been advised of the possibility of such damages.

Sun Microsystems, Inc.
2550 Garcia Avenue
Mountain View, California 94043


Portions of this product include CRC32 algorithm

This is an implementation of CRC32. See ISO 3309 and ITU-T V.42 for a formal specification

This file is partly taken from Crypto++ library (http://www.cryptopp.com) and http://www.di-mgt.com.au/crypto.html#CRC.

Since the original version of the code is put in public domain, this file is put on public domain as well.

MD5 hashing implementation

This code implements the MD5 message-digest algorithm. The algorithm is due to Ron Rivest. This code was written by Colin Plumb in 1993, no copyright is claimed. This code is in the public domain; do with it what you wish.

Equivalent code is available from RSA Data Security, Inc. This code has been tested against that, and is equivalent, except that you don't need to include two pages of legalese with every copy.

To compute the message digest of a chunk of bytes, declare an MD5Context structure, pass it to MD5Init, call MD5Update as needed on buffers full of bytes, and then call MD5Final, which will fill a supplied 16-byte array with the digest.


Portions of this product include SHA1 encryption
SHA-1 in C

By Steve Reid
100% Public Domain

-----------------

Modified 7/98
By James H. Brown
Still 100% Public Domain

-----------------

Modified 4/01
By Saul Kravitz
Still 100% PD
Modified to run on Compaq Alpha hardware.

-----------------

Modified 07/2002
By Ralph Giles
Still 100% public domain


Portions of this product include OpenSSL Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


Portions of this product include SSLeay Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved. This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscape's SSL.

This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.

If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.

This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related .

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]

Portions of this product include Eigen: Mozilla Public License v2 license text can be found at (http://www.mozilla.org/MPL/2.0/); the source code is available at (https://bitbucket.org/eigen/eigen/) or via (http://eigen.tuxfamily.org/)

TERMS OF SERVICE

Introducing the eBay Now Shopping Valet. This service is intended to facilitate the delivery of items ordered by you via the eBay Now mobile application (the "Application") or eBay Now web site (the “Site”). After using the Application or Site to search for and select an item, you can purchase an item and a shopping valet will deliver that item to you at an address you specify.

Fees. Using the Application or Site to search for items is free. We do charge a flat $5.00 delivery fee for each item brought to you or, if multiple items in your order are available from the same store by using the shopping cart feature in the Application/Site, for all items ordered from that store via the shopping cart feature. A combined delivery fee for items ordered from multiple stores is not available at this time, and our shopping cart feature cannot be used to order items from multiple stores. We may change our delivery fee from time to time. Changes are effective after we provide you with at least 14 days notice by posting the changes in the Application/Site. We may choose to temporarily change the fees for our eBay Now service for promotional events or new services, and such changes are effective when we display the temporary promotional event or new service in the Application/Site. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and any applicable taxes associated with our services in a timely manner with a valid payment method (currently major credit cards or your PayPal account). If your payment method fails, we may collect fees owed using other collection mechanisms.

Ordering Products.

At the time you place an order, we may obtain an authorization from your payment method for the price of the item(s), fees and any taxes, when identified. Although an authorization is not a charge, credit card issuers may place a hold on funds when we obtain an authorization and you may see such funds marked as “pending” by your financial institution. Please contact your financial institution to better understand their policies. In all cases, we are not responsible for any bank fees or other penalties resulting from authorizations and/or charges to your payment method when you place an order.

When you order an item via the Application or Site, a shopping valet will call your mobile device to confirm details of your order and your delivery address. The shopping valet's version of the Application/Site will facilitate this call using a double-blind calling service. Your phone number will not be shared with the shopping valet, but eBay may store your phone number to provide customer service to you in connection with your order. For telephone numbers you provide us, including mobile telephone numbers, you consent to receive SMS or other text messages at that number. We won’t share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our Family of Companies (i.e., companies that are direct or indirect subsidiaries of eBay Inc. or are otherwise related to eBay through common ownership or control) or with our service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply if we contact you.

After confirming your order, the shopping valet will attempt to purchase the item at a local merchant and bring the item to you. The display of any items in the Application/Site at a particular time does not imply or warrant that these items will be available at any time. We reserve the right to determine, and change from time to time for any reason, the local merchants, and amount and types of their inventory, included in the eBay Now service. Delivery times may vary, including but not limited to variations due to the following factors: proximity to the store, size of order, how busy stores are, traffic, and high volume of concurrent orders.

Delivery addresses must be within the boundaries of a city (or parts of a city) in which we offer the eBay Now service. Upon the shopping valet's arrival at the specified delivery address, you will be responsible for ensuring that the shopping valet will be able to make an in-person delivery to you (e.g., opening locked gates, enabling entry into secured access buildings, leaving instructions for receptionists, etc.). We are not responsible, and will have no liability, for failing to complete a delivery in the event that the delivery address you provide is incorrect, incomplete or inaccessible.

We require a minimum purchase (currently US$25.00 excluding taxes and the delivery fee) per order. If the item(s) you select for delivery is displayed as having a price of less than the minimum purchase in the Application/Site, you understand and agree that we may adjust the price of the item(s) to the minimum purchase amount, plus taxes and the delivery fee, for your purchase of that item from us. We may change the amount of the minimum purchase requirement from time to time for any reason, including but not limited to temporary changes for promotional events or new services, and such changes are effective when we display the temporary promotional event or new service in the Application/Site.

If your payment method fails, we may collect fees owed using other collection mechanisms. Title to the item(s) and risk of loss will pass to you upon the shopping valet’s purchase of the item(s) from a local merchant. Your acceptance of the item from the shopping valet shall be prima facie evidence of the undamaged condition of the item at the time of delivery, with the exception of any hidden or latent product defects. We will email you a receipt as confirmation of your purchase and delivery to the email address you provide within the Application or Site.

Hours for the eBay Now service may be limited. If you are requesting delivery of an item outside of shopping valet delivery hours, you will be unable to place an order within the Application or Site.

It is your responsibility to ascertain and comply with all local, state, federal and international laws (including minimum age requirements) applicable to your possession, use and sale of any item purchased through the eBay Now service. By placing an order, you represent and warrant that the items ordered will not be used for illegal purposes.

Cancellation, Returns and Declined Orders.

You may cancel your order through the Application or Site at any time prior to the shopping valet’s purchase of the item, or we may cancel your order for you if the shopping valet is unable to complete delivery of an order on the first or subsequent attempts. You may also request to return an item through the Application/Site within 14 days of your purchase from the shopping valet. Further, we reserve the right to decline your order at any time for any reason, including, without limitation, if the item is not available at the local merchant, not as described within the Application/Site, priced differently than as displayed within the Application/Site, in excess of our weight limits, or shaped or sized so as to make delivery by a shopping valet impracticable. In these hopefully rare instances, the shopping valet will call you using the double-blind phone service either to inform you that the order has been declined or to inquire as to whether you would like delivery of an alternative item, the item at a different price, or other applicable variations.

If your order is cancelled or you request the return of an item, you will not be entitled to a refund for any delivery fees for that item, together with taxes you paid on such fee, if any, nor for any optional tip for the shopping valet that you elected to provide via the Application/Site. In the event that your order is declined, you will be refunded any amounts you paid as a delivery fee, together with taxes you paid on such fee, if any.

When you timely request the return of an item via the Application/Site, a shopping valet will call your mobile device using the double-blind phone service to arrange for a mutually agreeable window of time for the shopping valet to pick up the item, and to confirm details of your return and the address where you would like the item to be picked up by the shopping valet. You must make yourself available at the pick-up address during the entire pick-up window. Untimely requests for a return may not be honored in our sole discretion.

Pick-up addresses must be within the boundaries of the city (or parts of a city) in which we offer the eBay Now service for the city in which the delivery was made. Upon the shopping valet's arrival at the specified pick-up address, you will be responsible for ensuring that the shopping valet will be able to make an in-person pick-up from you (e.g., opening locked gates, enabling entry into secured access buildings, leaving instructions for receptionists, etc.). We are not responsible, and will have no liability, for failing to complete a pick up in the event that the pick-up address you provide is incorrect, incomplete or inaccessible.

Items must be in the same condition as when purchased in order to qualify for a return (e.g., in original packaging, undamaged, with all parts, accessories and manuals, as applicable). We will refund your purchase amount, together with taxes you paid for such item, for any return we accept through the eBay Now service. Refunds may be issued to the original payment instrument used to purchase the item. You must show the shopping valet picking up the item your original eBay Now receipt in order to receive a refund for your return. We will email you confirmation of your return to the email address you provide within the Application/Site. Returns are generally processed within 2 business days of our receipt of the returned item, but please allow up to 2 weeks for funds to be returned to you. We reserve the right to refuse a return if either your actions or the item do not meet the criteria set forth in this Cancellation, Returns, and Declined Orders section.

No Product Warranties. Because eBay will be reselling the item to you upon delivery, manufacturer or other product warranties that otherwise may be associated with an item sold by a retailer may not apply to your purchase. eBay does not guarantee that any product you purchase from the eBay Now service will be covered under a warranty, and will not be liable for any failure of a warranty to apply to your purchase. If you are interested in purchasing a product that comes with a manufacturer or other product warranty, and preserving the validity of that warranty is important to you, we encourage you to purchase that product directly from a retailer and not from the eBay Now service.

Using the eBay Now Service. You may not use our eBay Now service if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools. While using the eBay Now service, you must not violate any laws, third party rights or our policies. Except as otherwise stated herein, you are expected to pay for items delivered to you, together with eBay's delivery fee, unless the item delivered is materially different from the item you selected in the Application or Site. You agree not to interfere with our eBay Now service (e.g., by placing orders that you do not intend to honor) or circumvent the payment process or fees owed to eBay. You may not copy, modify, create derivative works from or distribute content relating to the eBay Now service without the prior express written permission of eBay. Without limiting other remedies, we may limit, suspend or terminate your ability to access the eBay Now service and user accounts, prohibit access to our sites and their content, services and tools, and take technical and legal steps to keep users off the service if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, users who we believe are harassing our shopping valets or other users). We also reserve the right to modify or discontinue the eBay Now service.

Limitation of Liability. We cannot guarantee continuous access to our eBay Now service, and the operation of our eBay Now service may be interfered with by numerous factors outside of our control, including, without limitation, natural hazards or disasters, extreme weather conditions, acts of terrorism, failure of telecommunications systems and other conditions outside of our control. Accordingly, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, applicable to the eBay Now service. Further, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, with respect to items purchased by you through our eBay Now service, including, without limitation, disclaiming any liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We are not responsible for any actions or omissions of third parties, including, without limitation, acts of public authorities, criminal activity, strikes, local or civil unrest, commotions or disputes. We are not liable for any loss of money, goodwill or reputation, or any special, punitive, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our eBay Now services or the items you purchased through our eBay Now service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the above disclaimers and exclusions may not apply to you.

You agree that your sole remedy, if any, for problems with items you purchased through the eBay Now service is to seek a return and refund for such item in accordance with the Cancellation, Returns, and Declined Orders section above.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under the Fees section) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Indemnity. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

Legal Disputes. If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of the eBay Now service in accordance with one of the subsections below or as we and you otherwise agree in writing. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General. eBay Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.

These Terms of Service are effective immediately for new users. We may amend these Terms of Service at any time by posting the amended terms in the Application/Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted for current users. These Terms of Service may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a writing doesn't include an email message and a signature doesn't include an electronic signature. The following paragraphs survive any termination of these Terms of Service: Fees (with respect to fees owed for our services), Limitation of Liability, Indemnity and Legal Disputes.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Revision Date: June 3, 2013