Last Updtaed March 2015
When You buy an item online covered by the Program from a qualifying Merchant, and the Merchant fails to remedy any of the eligible problems listed in this section, YouGotRated will assist You in resolving the problem and/or provide You a refund, equal to the original item price plus shipping and tax, subject to the refund limitations and processes described in this Agreement.
Eligible problems include each of the following:
- You fail to receive the item purchased
- You fail to receive the correct item or the item is not as described
- You received a damaged item
- You failed to receive all the items purchased in your order
- The item was properly described but did not met your expectations.
- The Merchant is not willing to honor their return policy
Your protection is limited to the lower of (a) the full amount you paid the Merchant, including tax and shipping or (b) $1,500 in lifetime claims for your account. You may not open more than one account associated with the Program and in no event will your compensation exceed the amount You paid the Merchant, minus any refunds You received from the Merchant.
In lieu of a direct refund, YouGotRated may, at its sole discretion, assist you in filing a chargeback with your payment provider.
YouGotRated retains the exclusive right to determine or change the refund limits described above, the eligibility of any claims You make against a Merchant or the Program, the validity of any remedy offered by the Merchant, and the amount of refund, if any, You are due.
For the avoidance of doubt, protection offered by YouGotRated as part of the Program is not:
- A product warranty or extended warranty -You should follow warranty instructions provided by the product manufacturer if the product is defective;
- YouGotRated’s protection does not enhance or extend the manufacturer’s warranty;
- A special return policy —You must follow the Merchant’s return policy;
- Any form of insurance —You are responsible if Your item is lost, stolen, or damaged, except as specifically defined in the protection section of these terms;
- A guarantee of product availability, shipping date, or speed —if a Merchant is unable to ship Your item, Your recourse is limited to a complete refund. If an order is late, You may cancel it without fees as described in these terms;
- A source of added compensation —if a Merchant fails to meet its obligations, Your maximum aggregate reimbursement from the Merchant and YouGotRated is a full refund;
- A product endorsement —YouGotRated does not certify or evaluate or endorse the quality, safety, performance, appropriateness, or legality of products sold by Merchants in the Program. YouGotRated is not responsible for the truth or accuracy of the description of such products, and does not provide or endorse any advice, opinion, offer, proposal, statement, data or other information displayed or distributed, purchased or paid through the Merchant’s website(s); or
A protection against identity theft or credit card theft — Your protection is limited to the item you purchased as described above.
Items are eligible unless they are excluded below:
Real estate, motorized vehicles (of any kind), capital equipment, industrial machinery, travel tickets, events tickets, prepaid cards, intangible items, Services (of any kind), digital goods, services, (of any kind), custom made items, fake or counterfeit items or any items that are usually prohibited by law.
The following items are prohibited under the YouGotRated Acceptable Use Policy and are not covered even if they do have the YouGotRated Buyer Protection message in the listing: perishable items, firearms and firearm parts, Marihuana, illegal and prescription drugs and drug paraphernalia, tobacco, offensive items, child pornography, and any illegal items.
Purchase from A Verified Merchant
Only purchases made from Merchants enroll in the Program that displays the Buyers Protection Badge in their website are eligible for the Program. Merchants may, from time to time, change their eligibility status, so you should verify the Merchant’s eligibility before every purchase.
Order Placed Online by You
You must personally place your order online, not via phone, fax, mail, co-navigation, or any other method where someone other than you or someone authorized to act on your behalf are accepting these terms.
Pay in U.S. Dollars
You must pay for your order in U.S. Dollars.
You must pay for Your order with a credit card, debit card, PayPal™, BillMeLater®, Amazon Payments™ or GoogleCheckout. Orders paid with any other method, including but not limited to, cash, check, purchase order, gift card, house credit, or wire transfer are not eligible for the Program.
If You have filed a chargeback and it is still open, or if You have won a settlement of any amount via Your credit card or other payment processing company, Your order is not eligible for the Program.
US Shipping Addresses Only
Orders shipped outside the 50 U.S. states are not eligible for the Program.
YouGotRated may attempt to suppress the Program’s visible elements to you when you access a Merchant’s website from outside the U.S., however this action is taken as a convenience only. By electing to participate in the Program, You agree you are shipping to an eligible address. If You order with an ineligible address but nevertheless elect to participate in the Program and You later escalate the order for assistance, YouGotRated may (at its sole discretion) attempt to provide assistance resolving the issue, but in no case shall the order be eligible for any protection or coverage implied by the Program.
No P.O. Boxes
Orders shipped to Post Office Boxes are ineligible for the Program.
No Change Of Address
Orders may be declared ineligible for the Program if the delivery address is changed or the shipment is re-routed during transit.
Proof of Payment
YouGotRated may, at its sole discretion, require you to provide sufficient proof of payment for an order to be eligible for the Program.
No Virtual Currency
Orders paid via virtual currency are ineligible for the Program.
No Conditional Retail Models
Your order may not be on a conditional basis, such as (but not limited to) offers requiring a minimum number of customers to activate a purchase.
If you place an order that results in recurring charges for recurring shipments of an item (e.g., you order monthly shipments of dog food where you are charged on a monthly basis for each shipment), only the initial shipment is eligible for protection under the Program.
Just as YouGotRated requires Merchants to meet their commitments on each order, it is YouGotRated's policy to require customers to meet their commitments as well. You must comply with Your Merchant’s policies, terms, and conditions. Because policies may vary significantly based on the product you buy or the Merchant from whom you buy, please read and consider these details carefully prior to placing your order. Please be aware that some policies place significant restrictions or burdens on the customer, including (but not limited to) items which may not be returned or cancelled, restocking fees, return shipping fees, cancellation fees, requirements to refuse damaged shipments, etc. As a convenience to You, YouGotRated may, at its sole discretion; snapshot the return policy and terms of service offered by Your Merchant at the time of order and present the documents for your reference. For the avoidance of doubt, if you seek help from YouGotRated regarding an order eligible for the Program, YouGotRated will evaluate your compliance with the Merchant’s policies, terms, and conditions when determining if any protection is warranted.
If you are unable to resolve the problem directly with the seller, go to YouGotRated’s Resolution Center and follow this process:
- Open a Dispute
Open a Dispute within 30 days of the date you made the payment for the item you would like to dispute.
- Respond to YouGotRated's requests for information
During the Claim process; YouGotRated may require you to provide documentation to support your position. You may be asked to provide receipts, police reports, or anything else that YouGotRated specifies.
- Comply with YouGotRated's shipping requests in a timely manner
For Significantly Not as Described Claims, YouGotRated may require you to ship the item back to the seller at your expense, and to provide proof of delivery. Proof of delivery is confirmation that can be viewed online and includes: the delivery address, delivery date, and the URL to the shipping company's web site that can corroborate the tracking information. Please note that you must get signature confirmation of delivery.
- How is the Claim resolved?
Once a dispute has been escalated to a claim, YouGotRated will make a final decision in favor of the buyer or the seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that YouGotRated specifies. YouGotRated retains full discretion to make a final decision in favor of the buyer or the seller based on any criteria YouGotRated deems appropriate. In the event that YouGotRated makes a final decision in favor of the buyer or seller, each party must comply with YouGotRated's decision. YouGotRated will generally require the buyer to ship an item that the buyer claims is Significantly Not as Described back to the seller (at the buyer's expense), and YouGotRated will generally require a seller to accept the item back and refund the buyer the full purchase price plus original shipping costs.
Getting a Refund
If YouGotRated determines that you are due a refund according to the terms above, the Merchant will have an opportunity to refund you directly via your original form of payment. If the Merchant fails to refund you, YouGotRated will refund you directly or may, at YouGotRated's option, assist you in filing a dispute through the provider of your original form of payment.
YouGotRated may communicate with you regarding the Program by means of electronic communications, including sending electronic mail to the email address that you provided to Your Merchant. You agree that YouGotRated may communicate with You by means of electronic communications the following: these terms (and revisions or amendments), notices or disclosures regarding the Program, refunds, and any other matter relating to Your participation in the Program.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by You when YouGotRated sends the electronic communication to Your email address.
For those communications or records that YouGotRated is otherwise required under applicable law to provide in a written paper form to You, You agree that YouGotRated may provide those communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) You may contact YouGotRated via email through the Program to request another electronic copy of the electronic communication without a fee; (b) You may request a paper copy of such an electronic communication, and YouGotRated reserves the right to charge a fee to provide such paper copy; (c) You may contact YouGotRated through Your Program account to update Your email used for electronic communications or to withdraw consent to receive electronic communications; and (d) YouGotRated reserves the right to terminate Your participation in the Program if You decline or withdraw consent to receive electronic communications from YouGotRated.
Notwithstanding anything to the contrary in these terms, You agree to release YouGotRated, its affiliates, their respective officers, directors, employees, agents and contractors, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute between You and any Merchant, provided that such release does not relieve YouGotRated of its obligations under the Program as expressly set forth in these Terms and Conditions. Except in connection with the claims process as described here, You agree that You will not involve YouGotRated or any of its affiliates in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other customer, advertiser or other third party in connection with the Program. If You attempt to do so, (i) You will pay all costs and attorneys’ fees of YouGotRated and any of their affiliates and will provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute will be limited as set forth below.
Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your participation in the Program for any reason, including without limitation inactivity or violation of these terms or other policies we may establish from time to time. Upon termination, we have the right to prohibit your access to the Program, including without limitation by deactivating Your account, and to refuse future access to the Program by You.
You agree to indemnify, defend and hold harmless YouGotRated, its affiliates, and its and their respective officers, directors, employees, agents and contractors (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) Your participation in the Program; (ii) any breach or non-compliance by You of any term of these terms or any Program policies; (iii) any dispute or litigation caused by Your actions or omissions; or (iv) Your negligence or violation or alleged violation of any law or rights of a third party.
Disclaimer of Warranties
THE PROGRAM IS MADE AVAILABLE “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUGOTRATED, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, “YOUGOTRATED PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE PROGRAM OR THE PRODUCTS, CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PROGRAM, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PROGRAM. EACH YOUGOTRATED PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE PROGRAM, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE YOUGOTRATED PARTIES DO NOT WARRANT THAT THE ESCALATION, ARBITRATION, REFUND OR OTHER SERVICES CONTAINED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, AND THE YOUGOTRATED PARTIES WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS (INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF REFUNDS).
Limitations of Liability; Force Majeure
IN NO EVENT WILL ANY YOUGOTRATED PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY YOUGOTRATED PARTY OR THE PROGRAM, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE YOUGOTRATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE YOUGOTRATED PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) IN THE AGGREGATE. Each party to these terms acknowledges that the other party has entered into these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no YouGotRated Party will have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
You acknowledge and agree that YouGotRated (or any of its licensors) own all legal right, title and interest in and to the Program, including any intellectual property rights which subsist in the Program (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Program may contain information which is designated confidential by YouGotRated and that You shall not disclose such information without YouGotRated's prior written consent.
Nothing in these terms gives you a right to use any of YouGotRated's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Jurisdiction; Governing Law
The laws of the State of Florida, and applicable federal United States laws will govern these terms. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Tampa, Florida.
The parties specifically exclude from application to these terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled Electronic Communications, statements, notices and other communications to you may be made by mail, email, postings on the Program’s web pages or other reasonable means. YouGotRated may also provide notices of changes to these terms or other matters by displaying links to notices on the websites of YouGotRated or a any affiliated or partner company (a “YouGotRated Web Site”). Notice to YouGotRated may be made by mail to:
3853 Northdale Blvd, Suite 255
Tampa, FL 33624, United States
Modification of Terms
YouGotRated has the right, in its sole and absolute discretion, to change, modify, or amend any portion of these terms at any time by posting notification on a YouGotRated Web Site or otherwise communicating the notification to you. The changes will become effective, and will be deemed accepted by you, after the initial posting and will apply on a going-forward basis after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate Your participation in the Program.
You may not assign these terms or any rights or obligations hereunder, by operation of law or otherwise, without YouGotRated's prior written approval and any such attempted assignment shall be void. YouGotRated reserves the right to freely assign these terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of Your participation in the Program or termination of these terms for any reason, the provisions of these terms that by their nature will survive that termination.
Waivers and Other Provisions
The failure of YouGotRated to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms are adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and remain enforceable between the parties to these terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These terms constitute the entire agreement between YouGotRated and You with respect to your participation in the Program. These terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and YouGotRated, and no other person shall assert any rights as a third-party beneficiary hereunder.