Terms of service
OVERVIEW
Welcome to Rated Everybody! The terms “we”, “us” and “our” refer to Rated Everybody. Rated Everybody operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Rated Everybody is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Rated Everybody reserves the right to update, modify, or replace any part of these Terms at any time by posting updates to this page. It is your responsibility to review these Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. We may refuse service, suspend accounts, or cancel orders if any provided information is inaccurate, incomplete, or suspected to be fraudulent.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You are fully liable for all activities that occur under your account, whether or not authorized by you. Rated Everybody is not responsible for any loss or damage resulting from your failure to safeguard your account.You may not transfer, sell, assign, or license your account to any other person.
You may not use the Services or our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction or ours (including, without limitation, copyright and intellectual property laws). You must not upload or transmit any viruses, worms, malware, or any code of a destructive nature, or otherwise attempt to interfere with the security or proper functioning of the Services.
Any breach or violation of these Terms, as determined solely by Rated Everybody, will result in the immediate suspension or termination of your access to the Services, without notice or liability.
SECTION 2 - OUR PRODUCTS
We have made reasonable and customary effort to provide an accurate representation of our products and services in our online stores.However, the colors, details, textures, and overall appearance of products may vary from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the quality, appearance, fit, or performance of any products or services purchased by you will meet your personal expectations, preferences, or assumptions, nor that they will be identical to any images, descriptions, or representations shown in our online store.
All product descriptions, pricing, availability, and related information are subject to change at any time without notice, at our sole discretion. We reserve the right to modify, discontinue, or limit any product or service at any time, including limiting quantities offered to any person, household, account, geographic region, or jurisdiction, whether on a per-order basis or otherwise.
We may also refuse, cancel, or limit orders that appear to be placed by dealers, resellers, distributors, or any party attempting to purchase for commercial purposes without our prior written authorization.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Rated Everybody reserves the right to accept or decline your order for any reason at its discretion. Your order is not considered accepted until we have processed your payment and issued an order confirmation.
We may refuse, modify, or cancel orders at any time, including after they are submitted, for reasons such as product availability, inaccuracies, suspected fraud, inability to verify payment information, or any other reason deemed appropriate by us. If we cancel or make changes to an order, we will attempt to notify you using the email, billing address, and/or phone number provided with the order.
Please review your order carefully before submitting it. Once an order is accepted, we may be unable to cancel or alter it, and any changes or cancellations are granted solely at our discretion.
All purchases are subject to our Refund Policy [LINK], which governs returns, exchanges, and refunds. By placing an order, you agree to all conditions set forth in that policy.
You represent and warrant that all products purchased from our store are for your personal or household use only, and not for resale, commercial distribution, or export without our prior written authorization.
SECTION 4 - PRICES AND BILLING
All prices, discounts, promotions, and offers listed on the Services are subject to change at any time without notice. The price charged for any product or service will be the price in effect at the time your order is placed and will be reflected in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, import fees, or any additional charges, all of which you are responsible for.
Prices displayed in our online store may differ from prices offered in physical stores, at events, or through authorized or unauthorized third-party sellers. From time to time, we may offer promotions or discounts on the Services; these promotions are governed by separate terms and conditions. If there is a conflict between a promotion’s terms and these Terms, the promotion’s terms will control for that specific promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Failure to provide accurate information may result in delays, order cancellation, or the inability to access certain Services.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
We reserve the right to refuse or cancel any order if fraud, unauthorized activity, or misuse of a payment method is suspected, in our sole discretion.
SECTION 5 - SHIPPING AND DELIVERY
All shipping and delivery timelines provided through the Services, at checkout, or in confirmation emails are estimates only and are not guaranteed. Actual delivery times may vary due to factors such as carrier delays, weather, holiday volume, customs processing, incorrect addresses, or other circumstances beyond our control.
Rated Everybody is not liable for any shipping delays, delivery delays, failed delivery attempts, carrier errors, or any consequences resulting from such delays. Shipping carriers operate as independent third parties, and we have no control over their operations.
Once an order has been transferred to the carrier, title to the products and the risk of loss or damage passes to you, the customer. This means that any lost, delayed, stolen, or damaged packages must be resolved directly with the shipping carrier.
You are responsible for providing complete and accurate shipping information. We are not responsible for orders that are delayed or undeliverable due to incorrect or incomplete addresses supplied by you.
If a package is returned to us due to an incorrect address, refusal of delivery, failure to pick up the package, or customs-related issues, additional shipping fees may apply for reshipment.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Rated Everybody, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
Your use of the Services is limited to personal, non-commercial, revocable, non-transferable, and non-exclusive use only. You may not, without our prior express written consent:
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reproduce, copy, modify, adapt, translate, or create derivative works of the Services or any content therein;
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distribute, sublicense, publish, display, transmit, perform, or otherwise make any content available to third parties;
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use any content for commercial purposes or competitive business purposes;
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scrape, data-mine, or systematically collect content from the Services;
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remove, alter, or obscure any copyright, trademark, or proprietary notices.
Nothing contained in these Terms shall be construed as granting you any license or right to use any intellectual property of Rated Everybody, Shopify, or any third party, whether by implication, estoppel, or otherwise. All rights not expressly granted to you are reserved by Rated Everybody.
Rated Everybody’s names, logos, product and service names, designs, and slogans are trademarks of Rated Everybody or its affiliates or licensors. You must not use such trademarks without the prior written permission of Rated Everybody. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
From time to time, we may provide access to optional tools, resources, or features offered by third parties as part of the Services (“Optional Tools”). Rated Everybody does not control, monitor, endorse, or assume responsibility for any Optional Tools, including their content, functionality, security, or availability.
is” and “as available” without any warranties, representations, or guarantees of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Rated Everybody shall not be liable for any damages, losses, or other consequences arising from your use of Optional Tools.
Any use of Optional Tools is entirely at your own risk and discretion. You are responsible for reviewing and understanding any terms, privacy policies, or agreements provided by the relevant third-party provider(s) before using the tools.
We may also introduce new features, tools, or resources as part of the Services in the future. All such new features are considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links, references, or embedded functionality from third-party websites or services (“Third-Party Sites”). Rated Everybody does not control, monitor, or endorse these Third-Party Sites and is not responsible for their content, accuracy, reliability, legality, or any products or services offered through them.
Accessing or using Third-Party Sites is entirely at your own risk. We make no representations, warranties, or guarantees regarding any Third-Party Sites or the products, services, or content available on them. You acknowledge and agree that Rated Everybody shall have no liability for any loss, injury, or damages of any kind arising from your use of, or reliance upon, any Third-Party Sites.
Before engaging with any Third-Party Site, you are responsible for reviewing and understanding that third party’s terms, policies, privacy practices, and any other relevant information. Any complaints, claims, disputes, or issues regarding products, services, content, or transactions with Third-Party Sites must be directed solely to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Rated Everybody is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Rated Everybody. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rated Everybody, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Rated Everybody.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”) to Rated Everybody, you grant us a perpetual, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, display, and exploit such Feedback in any medium for any purpose, including commercial purposes, marketing, promotional use, or to operate, evaluate, enhance, or improve the Services.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, at our sole discretion, monitor, edit, remove, or refuse any Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any third-party intellectual property rights or these Terms..
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
While we make reasonable efforts to ensure the accuracy of information on the Services, errors, inaccuracies, or omissions may occasionally occur. This may include, without limitation, product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.
Rated Everybody reserves the right, at our sole discretion, to correct any errors, inaccuracies, or omissions, and to update or change information on the Services at any time without prior notice. We may also cancel, refuse, or modify any order if information provided on the Services is inaccurate, incomplete, or appears to be erroneous, even after an order has been submitted or confirmed.
By using the Services, you agree that Rated Everybody shall not be liable for any errors, inaccuracies, or omissions, or for any losses or damages arising from reliance on such information.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Rated Everybody, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
Rated Everybody reserves the right, in its sole discretion, to suspend, disable, or terminate your account and access to the Services immediately, without notice, for any violation of these Terms.
SECTION 14 - TERMINATION
Rated Everybody may, in its sole discretion, terminate this agreement or suspend or terminate your access to the Services, or any portion thereof, at any time and without notice. Termination may occur for any reason, including but not limited to your violation of these Terms, suspected fraudulent activity, or other conduct deemed harmful or inappropriate by us.
Upon termination, you remain liable for all amounts owed for purchases, services, or other obligations incurred prior to the date of termination, and any applicable fees or charges will remain due and payable.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Termination of your account or access does not limit Rated Everybody’s right to pursue any other remedies available under law or equity.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Rated Everybody, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Rated Everybody, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Rated Everybody, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to (I)our breach of these Terms of Service or any policies or documents incorporated by reference; (ii)Your violation of any applicable law, regulation, or the rights of any third party; or (iii) Your use of or access to the Services, including any actions taken by you through your account.
We will provide you with written notice of any claim for which you are required to indemnify the Indemnified Parties. A failure to provide timely notice will not relieve you of your indemnification obligations, except to the extent that such failure materially prejudices your ability to defend the claim.
Rated Everybody reserves the right to control the defense and settlement of any indemnifiable claim, including the selection of counsel, at your expense. However, we will not settle any claim that imposes non-monetary obligations or admissions of wrongdoing on you without your prior consent, which will not be unreasonably withheld.
You agree to cooperate fully in the defense of any indemnified claim, including providing relevant information, documents, and assistance as reasonably requested by the Indemnified Parties.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Rated Everybody to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, nor limit our ability to enforce it in the future.
These Terms of Service, together with any policies, rules, or guidelines posted by us on the Services or incorporated by reference, constitute the entire agreement and understanding between you and Rated Everybody regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, or proposals, whether oral or written, including any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against Rated Everybody as the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Rated Everybody is headquartered. You and Rated Everybody consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
Rated Everybody reserves the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service at any time by posting the revised Terms on our website. You are responsible for periodically reviewing these Terms to stay informed of any changes.
We may, but are not required to, provide notice of material changes in accordance with applicable law. All updates or changes to the Terms will become effective as of the date specified in the notice or upon posting on the website, whichever applies.
Your continued use of or access to the Services after any such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately stop using the Services.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at team@shopratede.com.
Our contact information is posted below:
team@shopratede.com
