RatePal™ Terms of Service Agreement
Terms of Service Agreement
By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by RatePal offered by the USEGMAS LLC, a U.S. based company established in Irving, Texas, USA (together, the “Services”), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact email@example.com.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. RatePal is available for online retailers. REGISTRANTS BETWEEN THE AGES OF 13 AND 18, HOWEVER, MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
- MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please reach us at support@RatePal.com.
- YOUR REGISTRATION OBLIGATIONS
To obtain and use the Services, you will be required to register with RatePal by completing a registration form and designating a user ID and password. When registering with RatePal you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify RatePal of any unauthorized use of your user ID or password or any other breach of security. RatePal cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
- CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with RatePal, you understand that we may send you communications or data from RatePal regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding RatePal’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
- USER CONDUCT/ACCEPTABLE USE POLICY
Unauthorized use of the RatePal service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of RatePal or others.
To the extent that the Services provide Users an opportunity to retrieve and send inventory and order information from User’s marketplace accounts (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that RatePal and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. In the event that you give RatePal the right to distribute your content, additional terms may apply to RatePal’s usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. RatePal does not claim any ownership rights in any User Content.
RatePal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit RatePal’s response to a future complaint. You acknowledge and agree that RatePal shall not assume or have any liability for any action or inaction by RatePal with respect to any User Content.
Additionally, RatePal reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
- You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the RatePal Site, computer systems and network, or the Services.
- You may not attempt to interfere with any other person’s use of the Services.
- You may not misrepresent your identity or impersonate any person.
- You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
- You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
- You may not attempt to charge others to use the Services either directly or indirectly.
- You may not use the Services to participate in pyramid schemes or chain letters.
- You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
- You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
- You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
- You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
- You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, reproduce, or reverse engineer any information or software used or provided by RatePal in connection with the RatePal Site or Services, or any component of the Site itself or derivative works with respect thereto.
- You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of RatePal. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of RatePal. RatePal reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit RatePal’s response to a future complaint. You acknowledge and agree that RatePal shall not assume or have any liability for any action or inaction by RatePal with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
- INTELLECTUAL PROPERTY RIGHTS AND NOTICES
Except for the licenses granted herein, you have no right, title or interest in or to RatePal Services or any content. You agree that RatePal or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to RatePal service and content, including, without limitation, text, images, and other multimedia data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by RatePal, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
All contents of the RatePal’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, files, and their selection and arrangement (“Content”) are: Copyright © 2017 RatePal, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of RatePal and/or it suppliers, affiliates, or licensors. All rights reserved.
RatePal and the RatePal logo are including without limitation, either trademarks, service marks or registered trademarks of RatePal, and may not be copied, imitated, or used, in whole or in part, without RatePal’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
RatePal may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
- NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
RatePal respects copyright law and expects Users to do the same. RatePal expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, RatePal may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RatePal’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RatePal’s Agents can be reached by submitting a ticket on our help page.
- THIRD PARTY CONTENT, SITES AND SERVICES
All transactions using RatePal’s services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, RatePal is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. RatePal shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
- RatePal MAKES NO WARRANTIES
RatePal is in no way liable for loss of customer data. Under no circumstances will RatePal be held accountable for any loss of customer data. By becoming a RatePal user you, the customer, acknowledge that you forfeit the right to hold RatePal accountable for any and all technical errors, including loss of user data (customer data). RatePal does not guarantee length of service.
RatePal intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, RatePal may make changes and improvements to the information provided herein at any time. RatePal PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RatePal, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “RatePal PARTY,” AND COLLECTIVELY, THE “RatePal PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE RatePal PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY RatePal PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH RatePal PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RatePal PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, RatePal is found responsible to any RatePal User for any reason whatsoever, RatePal’s responsibility shall be limited to the amounts actually paid by such user for RatePal’s services, and shall not include punitive damages or consequential or resulting damages of any nature.
- CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS H AND I, THE RatePal PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS G AND H, RatePal IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, RatePal, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. RatePal reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RatePal in asserting any available defenses.
- TERMINATION OF SERVICE
RatePal reserves the right to terminate without notice your password, account or use of RatePal Services and delete any data within RatePal service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to RatePal at any time. Upon termination by RatePal or at your direction, you may request a file of your data, which RatePal will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON RatePal’S SYSTEMS MAY NOT BE RETRIEVED, and RatePal shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, Basic Users (free accounts) are subject to termination if: (a) the Basic User does not engage in any RatePal activity within thirty (30) days of registration, or (b) the Basic User does not engage in any RatePal activity for any period of 120 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.
- PAYMENT OF FEES; AUTOMATIC RENEWAL
The fees applicable for RatePal service are available at the Site and as published within the Services. RatePal reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
Unless specifically agreed upon in writing between User and RatePal at the commencement of a subscription term, at the conclusion of any service term, whether monthly, yearly, or otherwise, RatePal will automatically renew the service for the same term and will charge the user’s credit card or PayPal account on the first day of the renewal term.
Payments for all accounts are due in advance before getting the Service. The last day of the trial signifies the due date of first payment.
- REFUND OF CHARGES
Except as specifically set forth in this section, all RatePal services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.
Users on our free trial may cancel or downgrade their accounts, free of charge, at any time up until 30 days after their account was created.
When paying users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. Other requests for refunds may be processed at the sole discretion of a RatePal staff member.
If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 30 days. Cancellation requests sent via email to firstname.lastname@example.org will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.
- CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
- EUROPEAN USERS
By using the RatePal Services, Users in the European Union understand and consent to the processing of personal information in the United States.
- NOTICES TO RatePal
You may notify us by e-mail at email@example.com.
- OTHER TERMS
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
RatePal may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of RatePal to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
- COPYRIGHT COMPLAINTS AND REMOVAL POLICY
If you believe that your copyright in any material has been infringed on a site hosted on RatePal’s equipment or through its services, please send a “DMCA Notice” (described below) to RatePal’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
Identification of the copyrighted work that you claim has been infringed; Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it; Your address, telephone number, and e-mail address; A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and your physical or electronic signature. RatePal’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
USEGAMS, LLC – IRVING TEXAS U.S.A firstname.lastname@example.org
To submit a notice of claims of copyright infringement online, please visit our help page and fill out a form.
Please note that RatePal, in its sole discretion, may terminate the account of any User about whom RatePal receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact RatePal at email@example.com.