Terms and Conditions
Terms and Conditions of Use
Last Updtaed March 2015
The entity you are contracting with is YouGotRated, LLC, 3853 Northdale Blvd, Suite 255, Tampa, FL 33624. This User Agreement is effective upon acceptance for users who accept it through registration of a YouGotRated account or other electronic click-through online method.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with some exception, limit your legal rights.
YouGotRated is not a service provider, vendor or agent representative. It is a neutral online venue that enables consumers the ability to posts reviews, complaints or comments about their experiences with local and national merchants. The site is also a hub for consumers to find deals, special offers and sales offered from listed merchants.
Although free to be listed and to post comments attached to reviews, merchants may also pay to join the YouGotRated Business Solutions Program and other Premium Services that YouGotRated may offer from time to time, regardless of the merchants' ratings. Merchant Members may, among other things, receive notifications and detailed information about reviews and complaints posted about their business, validate the reviews and contact reviewers/customers to resolve issues or complaints; post Press Releases through the YouGotRated Network of websites, display their catalogs and share their reviews and offerings through Social Media.
Age Restrictions and Parental Controls:
By signing up for a User account you represent that you are at least 18 years of age. YouGotRated is relying in your representation and would not allow you to enter these Terms of Service and would not allow you to access our Service but for your representation that you are at least 18 years of age. YouGotRated does not intentionally or knowingly collect personal information about children under the age of 18. If you are a parent or legal guardian entering into to these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of our Service, including any financial charges and legal liability that he or she may incur. You are responsible for the viewing selections of your children, and YouGotRated shall have no liability whatsoever if your child, through mistake or otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the YouGotRated Service.
Children’s Online Protection Act: Pursuant to 47 U.S.C. Section 230(d) as amended, YouGotRated hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.getnetwise.org. (GetNetWise is not owned, operated, endorsed by or affiliated with YouGotRated).
Anyone can join the YouGotRated Community and register as a User or list their Business in the Business Directory. By signing up for a User account you represent that you are at least 18 years of age and that you will be bound by this Agreement under applicable law. If registering as a business entity, you represent that you have the authority to bind the Business Entity to this Agreement.
By joining YouGotRated, you agree to:
- provide us with accurate, complete information about your business and yourself and to update this information as needed;
- abide by all of the terms and conditions of this Agreement, the YouGotRated Code of Conduct and the YouGotRated Community Guidelines;
- safeguard your username and password; and
- be responsible for all activity of your membership account. In addition, in the event you contact YouGotRated via telephone, you understand, acknowledge and agree that such phone conversations may be recorded.
While using or accessing the Services you guarantee to YouGotRated that you will not use the Services for any unlawful purpose or activity, or as expressly prohibited by these terms, conditions and notices. Furthermore, you agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your name, user id or email, including the content of your transmissions through the Site.
As part of you use of the site, and by way of example, and not as a limitation, you agree not to:
- Post, list or upload content or items of inappropriate nature and that may be harmful to others.
- Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, racist, indecent or unlawful material or information.
- Advertise or offer to sell or buy any goods or services.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of the Services, Members or Users or usage information or any portion thereof other than in the context of your use of the Services as permitted.
- Breach or circumvent our rights, third party rights, or our systems, policies, or determinations of your account status.
- Use our Services if you are not able to form legally binding contracts (for example if you are under 18). When registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract.
- Use our Services if you are temporarily or indefinitely suspended from using our site, services, applications or tools.
- Post false, inaccurate, misleading, defamatory, or libelous content.
- Take any action that may undermine or manipulate our ratings systems.
- Transfer your account (including ratings) to another party without our consent.
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm YouGotRated, or the interests or property of YouGotRated users.
- Use any robot, spider, scraper or other automated means to access our Services for any purpose.
- Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
- Export or re-export any YouGotRated application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with our posted rules and restrictions.
- Copy, modify, or distribute rights or content from our Services or YouGotRated copyrights, trademarks or service marks.
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of YouGotRated and the appropriate third party, as applicable.
- Commercialize any YouGotRated application or any information or software associated with such application.
- Harvest or otherwise collect information about users, including email addresses, without their consent, or
- Any other action or activity that may be detrimental to the Site, the Services or the Users.
- You are hereby on notice that YouGotRated may modify or discontinue the Services at any time without notice.
Abuse and Termination
When an issue arises, at our own discretion, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for users and merchants for the benefit of the Community or the Site.
Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
We think that you are creating problems or possible legal liabilities.
We think that such restrictions will improve the security of the community or reduce YouGotRated or another user's exposure to financial liabilities.
We think that you are infringing the rights of third parties.
We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies.
Despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
If you fail to pay for any fee-based Membership or Premium Service you have subscribed to by your payment due date.
Information You Submit
The Site provides Users and Maerchants the opportunity to share information through postings and message boards as part of the YouGotRated Community (the "Community"), Merchant Member advertisements and listings, and other means (any information submitted to the Site through any legitimate and authorized means, "Submitted Information"). By using these functions, you agree to abide by the terms of this Agreement and the Community Guidelines. YouGotRated reserves the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.
Our Site acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the Submitted Information of YouGotRated Members. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information before acting upon it. YouGotRated is not responsible for any losses you may incur as a result of relying on Submitted Information, even if we were advised of the possibility of such losses.
When either a Consumer posts a business review or complaint; or when a Merchant posts any information about their business, YouGotRated draws no conclusions as to the content validity. YouGotRated does not edit or censors postings or investigates them for accuracy. All messages posted in YouGotRated are only the opinions of consumers and businesses and other site users and do not represent the opinions of YouGotRated.
Any person by visiting this site, agrees that neither YouGotRated, nor any affiliated persons or entities affiliated with YouGotRated are in a position to investigate, censor or otherwise ensure the accuracy of any postings, comments, remarks or other information and/or content posted or generated by users of this site ("Content"), and therefore is not responsible in any way for such Content provided by users or other third parties. Many of the users are of unknown identity and have no relationship with YouGotRated. Therefore, YouGotRated (and our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents) expressly disclaims any guarantee, warranty, other representations or responsibility with respect to the veracity, geniuses, completeness or lawfulness of any Content provided on this site. YouGotRated (and our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents) further expressly disclaims any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortious activities otherwise. Accordingly, YouGotRated (and our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents) does not assume, and expressly disclaims any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities, including, without limitation, any alleged liability under any federal or state criminal or civil laws including provisions of the Communications Decency Act.
Each user and third parties acknowledge, by usage of this site, that he/she/it is solely responsible and liable for his/her/its Content, and neither YouGotRated (and our affiliates, subsidiaries, and our and their respective officers, directors, employees and agents) is the guarantor or indemnitor of any such party.
For clarity, you the user, retain all of the ownership rights to the Content that you submit to this site. However, by submitting Content on the site, you hereby grant YouGotRated a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the site and YouGotRated (and its successors' affiliates, subsidiaries, and our and their respective officers, directors, employees and agents), including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the site a non-exclusive license to access your Content through the site, and to use, reproduce, distribute, display and perform such Content permitted through the functionality of the site and under these Terms of Service. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the YouGotRated service. You understand and agree, however, that YouGotRated may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
Except on the express written agreement of YouGotRated, any Content or other information submitted to this site by users or other third parties shall be treated as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as YouGotRated deems fit in its absolute sole discretion.
You represent and warrant that none of the following infringe any Intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
The Communications Decency Act shields and protects "Review" websites like YouGotRated from civil liability prosecution from what users write, do or say.
In the event that a court finds that a consumer complaint constitutes libel or defamation, the mentioned consumer would be held legally responsible for damages to the reputation of the business mentioned in the complaint. Under federal law YouGotRated is not legally responsible for the complaints or reviews that are posted, even if those complaints contain remarks that are defamatory. However, the mentioned law does not protect the person who posted the complaints from the responsibility for the content posted.
For more information on laws limiting the liability of companies like YouGotRated from written remarks posted on its site by third parties, please visit these Web sites:
Legal Information Institute:
Also, while we may help facilitate the resolution of disputes, complaints and reviews through various programs, YouGotRated has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' postings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.
Removal of Content
Subject to, and without waiver of, any of the foregoing legal disclaimers and limitations on any liability, YouGotRated, in certain situations may at its absolute discretion remove Content provided by users or other third parties to the extent:
- It is presented with a valid court order from a court of competent jurisdiction ordering the removal of the posting;
- It is presented with a valid court order from a court of competent jurisdiction finding that the posting is slanderous, libelous, defamatory or otherwise illegal;
- It is presented with a settlement agreement, resolving a dispute between the poster and any third party(ies) complaining about the posting, mandating that the posting be removed;
- The posting contains vulgar, profane, or obscene language;
- The posting contains adult material, including but not limited to, graphic images, written images, or links thereto;
- The posting is not the type of posting for which the site is intended;
- The posting contains the last name of any individual (first names are allowed), or any other personally identifiable information, which is defined as information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single user;
- The posting constitutes multiple copies of the same posting, or more than one review for a single company by a single user;
- The posting references an order, transaction, or another form of submission by the user, where an intent to do business or to make a purchase did NOT occur (limited to complaints and reviews posted within the previous twelve (12) months);
- The posting was made by a current employee, former employee, or immediate family member of the company being reviewed;
- The posting contains written communications between any parties;
- The posting contains references, such as names or domain names, to any other retailers besides the retailer that is the subject of the posting;
- The posting was created or altered in exchange for the offer of monetary consideration, whether in the form of goods, services, or monies, or was created or altered in response to threats made by the merchant to the user; or
- The review was posted to YouGotRated more than one (1) calendar year after the transaction that it describes.
If you believe that a user has posted material, which meets one of the above conditions, contact YouGotRated at Violations@yougotrated.com or write to us at the address provided below.
Authorization to Contact You
You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law.
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by indicating your preferences when you create your user account.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
YouGotRated is Not a Mediation Service
YouGotRated allows users and merchants to freely communicate with each other but under no circumstances YouGotRated will assist or provide any assistance to resolve any issues that user or merchant may have with each other. Merchants may use the built-in Review/Complaint tool provided in the YouGotRated Merchant Member interface to communicate with consumers through an automated ticket system to help both users and merchants resolve any issues they may have. Users agree that by submitting their reviews or complaints to the site, their posting constitutes their irrevocable agreement that if the merchant chooses to have the posting remove from the site, the merchant has the user’s irrevocable permission to communicate with the user through the automated ticket system in order to satisfy the user’s concerns. It is agreed and understood that merchants are bound by the Code of Conduct and will use their best practices in resolving the user’s concerns and user agrees that YouGotRated is not responsible nor will it interfere or mediate in any negotiation between the merchant and user to resolve their dispute. If merchant satisfies the user’s concerns, user hereby grants YouGotRated full and unilateral permission to remove the review or complaint posted against the merchant from the site.
Not all the reviews displayed in YouGotRated may have been posted directly on our site since merchants may display reviews that have been aggregated from other review platforms.
YouGotRated recognizes that online merchants may sell their products in many different online venues (like Amazon, eBay, Etsy, etc) and that their reviews are often scattered throughout those sites. One of the benefits that YouGotRated provides Merchant members is the ability to import all their reviews from other platforms and to consolidate them with the reviews that have been posted in YouGotRated. This allows users the ability to make a better-informed decision about the merchant they are considering doing business with.
Ratings and Reviews
You acknowledge and agree that the Site is a neutral venue and that if in our sole discretion we determine that you attempted to undermine the integrity of our Ratings and Review system in any way, your account and privileges may be suspended or terminated. Each Merchant acknowledges that the Ratings ("feedback") consists of opinions left by other YouGotRated members and a machine calculated feedback score. You further acknowledge that YouGotRated does not make judgments on the veracity of opinions or statements.
Members may only leave one feedback per unique transaction, whether positive, neutral, or negative to any merchant. By submitting feedback, you agree that feedback is subject to compliance audit by the YouGotRated Compliance Team at any time. Any feedback item investigated by the YouGotRated Compliance Team may be temporarily or permanently removed.
In order to protect the integrity of the Ratings and Review system, YouGotRated will only consider removing a feedback item under the following scenarios:
If feedback posted contains language that is profane, vulgar, and discriminatory or contains adult material.
If YouGotRated is provided with a binding ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback is slanderous, libelous, defamatory or otherwise illegal or the court order requires its removal.
If feedback posted makes any reference to actions taken or to be taken by YouGotRated or any law enforcement organization.
If feedback posted seeks to elicit or solicit any Member's contact information, such as other Member’s email addresses, for any non-YouGotRated related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letter"
If the Member who left feedback fails to respond to the merchant though the automated ticket system or fails to validate the business contract with the merchant within 5 days from the date the merchant initiates an attempt to contact such member as part of the dispute process.
If feedback contains any personally identifiable information of other members, personnel of Merchant or any other person. Personally identifiable information includes, but is not limited to, full names, date of birth, physical addresses, email addresses, credit card numbers, social security numbers or any other identification number provided by a governmental agency.
If required pursuant to the Copyright Policy or any other policy in this agreement.
YouGotRated may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.
Manipulating Ratings and Reviews
You acknowledge and agree that the Site is a neutral venue and that all transactions for services are made by and between you and other Members and, therefore, we cannot, do not and will not make any comments on behalf of you or your services.
As a consequence, you acknowledge that the key component and integrity of the Site is the ability of Members to leave Rating and Reviews about you and your services (whether positive, neutral or negative) AND for other Members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback.
Therefore, in order to preserve the key component and integrity of the Site, you shall NOT:
- Attempt to restrict in any way a Member's right to post a review, by contract or otherwise;
- Offer Member cash or other compensation in any form in exchange for a more favorable review;
- Post and/or cut and paste and/or copy the content of a Member feedback review from the Site to your own personal or business site, to any other third party Website and/or to or on any of your own personal, business or third party marketing/advertising materials, regardless of the form;
- Attempt to gain feedback by receiving multiple feedbacks from the same member;
- Post or attempt to post, in any manner or by any means, a feedback review on your own account; or
- Misrepresent or impersonate another Member.
Coupons and Offers from Merchants
We may allow you to receive promotional coupons ("Coupons") that may be used to purchase goods and services from third parties ("Coupon Vendors"). In no event shall we be responsible for providing the goods and/or services indicated in a Coupon. We shall have no liability for the goods and/or services provided under a Coupon. You agree to look solely to the Coupon Vendor for the goods and/or services to be provided; therefore, the Coupon Vendors are responsible for any damages, claims or liabilities, including, but not limited to, injuries and property damages. You hereby release Us and our affiliates, officers, directors, employees, shareholders and agents from and you waive, and release us our affiliates, officers, directors, employees, shareholders and agents from, any and all claims, causes of action, damages, liabilities, costs, and attorneys' fees and expenses whatsoever, known or unknown, arising out of the goods and/or services provided in connection with the Coupons. Additional terms and conditions may be contained on each Coupon. Any violation of the Coupon terms and conditions will make the Coupon void. We are not responsible for lost or stolen Coupons. The combination of a Coupon with other coupons or offers is at the sole discretion of the Coupon Vendor. Coupons are not redeemable for cash and a Coupon is automatically void if prohibited by law. A Coupon may not be used for alcohol, tips, taxes, and any other statutory limitations. Any Coupon credit for use of the Coupon for less than its face value shall be at the sole discretion of the Coupon Vendor, unless otherwise required by law. You acknowledge and agree that YouGotRated may stop (permanently or temporarily) providing Coupons to you or to users generally at YouGotRated sole discretion, without prior notice to you.
Optional Premium Services
Optional fee-based memberships ("Premium Services") are available but participation is NOT mandatory or required. Any Merchant may opt to enroll and pay for any additional Premium Services that we may offer from time to time. YouGotRated may list the prices for these Premium Services on the Site, but it reserves the right to offer discounts and temporary promotions as well as to change these prices at any time without any advanced notice. Fee-based Premium Services in YouGotRated are void where prohibited. Premium Services are not available to suspended members and may not be transferred or sold to another party.
When registering as a business entity in any Premium Service, you represent that you have the authority to bind the entity to this Agreement and agree to:
- provide us with accurate, complete information about your business and yourself and to update this information as needed;
- abide by all of the terms and conditions of this Agreement, the YouGotRated Code of Conduct and the YouGotRated Community Guidelines;
- safeguard your username and password; and
- be responsible for all activity of your membership account. In addition, in the event you contact YouGotRated via telephone, you understand, acknowledge and agree that such phone conversations may be recorded.
- YouGotRated may offer “Basic,” “Free Trial,” “Promotional” or other unpaid memberships from time to time. These unpaid memberships do not guarantee any placement within the Site or any special benefits. YouGotRated reserves the right to modify the terms of or cancel any such unpaid memberships at any time.
Authorization of Credit and Debit Accounts.
If applicable, based on the various optional fee-based programs and Premium Services you may subscribe to, you irrevocably and expressly authorize YouGotRated to debit or credit, as applicable, any monies to the account that you have designated for YouGotRated to charge or credit these fees. You agree that it is your responsibility to maintain a valid, non-expired debit or credit card on file with us while engaging in fee-based programs on our Site. You irrevocably and expressly authorize YouGotRated to withhold any monies and/or debit any monies from any account that you have identified to YouGotRated for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to YouGotRated. We reserve our rights to all actions and remedies in connection with any monies owed to YouGotRated. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
If your payment method fails or if your account is past due, we may collect fees owed using other collection mechanisms. If your account falls in arrears or has an unpaid balance due, we may suspend all user privileges including but not limited to de-indexing you from our Premium Services.
All material provided on this site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of YouGotRated. Visitors are permitted to download or print one copy of material published on this site solely for their personal, non- commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein.
YouGotRated does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this site are claimed by YouGotRated or their respective owners, and no trademark license, either express or implied, is granted to you or to any other person or entity by YouGotRated or the respective owners. You do not have any right to use any Trademark displayed on this site except as expressly provided under the Terms and Conditions of this Agreement without the prior written permission of YouGotRated or their respective owners. In the event of unauthorized use or misuse of any Trademark, YouGotRated and/or the respective owners, will pursue any and all its legal remedies without delay.
Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content 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. § 51 2(c)(3) for further details):
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- 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.
Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, YouGotRted, LLC.,3853 Northdale Blvd, Suite 255, Tampa, FL 33624 or e-mail to: Copyrights@yougotrated.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to YouGotRated Customer Care at firstname.lastname@example.org. 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 content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content or Submission, 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 a 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 Hillsborough County, 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, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled 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 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality, and that we shall be entitled to injunctive relief.
YouGotRated will immediately terminate and ban any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail.
IP Ban and Account Termination
YouGotRated may terminate and ban your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
YouGotRated uses industry standard practices to protect your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
Tools and Changes to the Site
The Site offers several tools to Members (collectively, "Member Tools"), some of which are provided by third parties. YouGotRated is not responsible for the availability, suitability or effectiveness of any of these Member Tools, whether provided by a third party or not. In addition, we are not responsible for any data you lose as a result of a malfunction of the Member Tools or the Site or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a back-up copy of all such information on your computer and in hard copy. YouGotRated reserves to right to modify or discontinue any Member Tools or other services provided on the Site at any time without warning. Merchant Members may use or purchase Premium Services from YouGotRated. Additional terms relating to availability and security of Vendor Terms may be specified in the Terms of Purchase for the Premium Services; otherwise the terms in this agreement shall apply to the use of the Premium Services.
We reserve the right to keep all records of any and all communications between you and other Members for administration purposes.
We always want to receive messages and feedback from YouGotRated Members and welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to YouGotRated (collectively, "Submissions") are non-confidential, shall become the sole property of YouGotRated, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to YouGotRated, you hereby grant and agree to grant to YouGotRated all rights needed for YouGotRtaed to incorporate and commercialize the Submissions at no charge or encumbrance to YouGotRated and you agree that YouGotRated may disclose the Submissions to any third party in any manner and you agree that YouGotRated has the ability to sublicense all Submissions in any form to any third party without restriction. YouGotRated shall own all rights therein, including all intellectual property rights. YouGotRated shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.
Disclaimer of Warranties
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Postings, updates and other notification functionality in YouGotRated applications may not occur in real time. Such functionality is subject to delays beyond YouGotRated’s control.
You agree that our services are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
YouGotRated makes no representations about Websites accessed from this site which are not maintained, controlled or created by YouGotRated and does not endorse any linked Websites or the information appearing thereon. Links do not imply that YouGotRated is affiliated with or associated with such linked Websites, their owners or operators, or any related companies.
YouGotRated reserves the right to make such improvements or changes to this site, the materials, products, services or prices posted in this site without prior notice as it deems necessary.
Limitation of Liability
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE YOUGOTRATED SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE YOUGOTRATED SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE, OUR LICENSORS, SUPPLIERS AND/OR AFFILIATES ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE YOUGOTRATED SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL YOUGOTRATED’S, OR YOUGOTRATED LICENSORS', DIRECT LIABILITY ARISING OUT OF USE OF THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID YOUGOTRATED FOR SUCH USE OR (II) $100. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.
In addition, and to the extent permitted by applicable law, we including our parent, subsidiaries, affiliates, officers, directors, agents and employees (collectively “YouGotRated”) are not liable, and you agree not to hold YouGotRated responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Services;
- Delays or disruptions in our Services;
- Viruses or other malicious software obtained by accessing, or linking to, our Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services;
- Damage to your hardware device from the use of any YouGotRated Service;
- The content, actions, or inactions of third parties, including but not limited to postings, complaints or reviews while using our Services;
- A suspension or other action taken with respect to your account or breach of the Abusing YouGotRated section above;
- Our need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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 the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action-giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of YouGotRated's Services or your breach of any law or the rights of a third party.
You and YouGotRated agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the YouGotRated User Agreement, your use of or access to YouGotRated’s sites, services, applications, and tools, or any products, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and YouGotRated.
Agreement to Arbitrate
You and YouGotRated each agree that any and all disputes or claims that have arisen or may arise between you and YouGotRated relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to YoGotRated’s Services, or any services offered, or purchased through YouGotRated’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non Individualized Relief.
YOU AND YOUGOTRATED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND YOUGOTRATED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER YOUGOTRATED USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: YouGotRated, LLC c/o John B Gibbons, Esq. 3853 Northdale Blvd, Suite 255, Tampa, Florida 33624. The arbitration shall be held in the county of Hillsborough, Florida or at another mutually agreed location. You or us may elect to have the arbitration conducted solely on written submissions, which election shall be binding on you and YouGotRated, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and YouGotRated, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different YouGotRated users, but is bound by rulings in prior arbitrations involving the same YouGotRated user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate and will be shared equally between the parties. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse YouGotRated for all fees associated with the arbitration paid by us.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO: YOUGOTRATED, LLC. ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 3853 NORTHDALE BLVD, SUITE 255, TAMPA, FL 33624.
You must complete in writing and mail your Opt Out of the Agreement to Arbitrate. Your Opt Out Notice sufficient information in the form including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the YouGotRated account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against YouGotRated prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and YouGotRated. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.yougotrated.com at least 30 days before the effective date of the changes and by providing notice by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms. ? ?Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.yougotrated.com, and shall not be effective as to any claim that was filed in a legal proceeding against YouGotRated prior to the effective date of termination.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and YouGotRated must be resolved exclusively by a state or federal court located in Hillsborough County, Florida. You and YouGotRated agree to submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes.
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Site at various places throughout the Site including, but not limited to, fees associated with certain services or uses. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern.
YouGotRated, LLC. North American Customer Service Operations Center is located at 3853 Northdale Blvd, Suite 255, Tampa, Florida 33624
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing sufficient notice of such assignment.
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 does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.yougotrated.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a YouGotrated representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the YouGotRated site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
If you believe that your intellectual property rights have been infringed, please notify us Copyrights@yougotrated.com and we will investigate.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; 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.