Terms & Conditions
Chargeback Recovery TermsPLEASE READ THIS WEBPAGE / DOCUMENT CAREFULLY BEFORE USING WWW.CHARGEBACKGURUS.COM (THIS “SITE”). YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THIS TERMS OF SERVICE AND USE, ALONG WITH ANY AND ALL COPYRIGHT STATEMENTS AND/OR DISCLAIMERS (COLLECTIVELY, “TERMS OF SERVICE”). Chargeback Gurus, an entity owned and operated by International Risk Mitigation, LLC, reserves the right to modify these Terms of Service without notice. Any such modification is effective immediately upon being posted to this site. Chargeback Gurus may, at any time, in its discretion terminate your access to this website. Your access to the website may be monitored by Chargeback Gurus. If you are accessing this website as a representative of an organization, these Terms of Service bind both you individually and the organization you represent.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THIS WEBSITE.
TERMS OF SERVICE AND USE
Generally, Chargeback Gurus provides the service of assisting businesses contest chargebacks with major credit card providers, and further assisting business in eliminating business practices that result in chargebacks (collectively “the Service”). Apart from chargeback representation and management, we also provide e-commerce fraud prevention services (“Fraud Prevention Services”).
License RestrictionsThe Site contains graphics, text, photographs, images, video, audio, software, code, website compilation, and the website “look and feel” (collectively “the Content”). The Site’s content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. We grant you the right to access the Content in the manner described in this agreement. You may not otherwise make unauthorized use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display the Content, except as authorized in writing by us.
Account RegistrationYou must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information about yourself and the entity, if any, you represent. You must further promptly update this information to the extent necessary. In doing so, you represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
Only registered account holders are authorized to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account and corresponding sub-accounts from unauthorized use, keep all user identification and passwords secure and do not provide this information to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security regarding the Service.
Additional PoliciesWhen using certain features of the Site or the Service, you also will be subject to all guidelines, terms, and agreements applicable to such features that may be made available on or in connection with the Site or the Service. All such Policies are incorporated by this reference into these Terms.
FeesThe Service is performance-based. Our fee varies based on your product/service cost, return policies, number of chargebacks you incur, your shipping method and how you offer customer service to your customers.
Any fees will be disclosed prior to being charged. Your acceptance of any services subsequent the disclosure of such fees constitutes your acceptance to pay such fees.
If you violate any of these Terms, your permission to use the Service will automatically terminate. You also agree that Chargeback Gurus may, at any time, and without notice to you, suspend or revoke your right to access and use the Service, or any part thereof, for any reason whatsoever.
Term and Termination
The provisions herein, and the obligations associated thereto, for Fees and Payment, Confidentiality, and Privacy will survive termination, except that all license rights granted by Chargeback Gurus to you under these Terms do not survive termination.
We do not provide you with the equipment to access the Site or the Service. Accordingly, you are responsible for all fees charged by third parties to access the Site and the Service (e.g., charges by Internet service providers). As such, you acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site or Service.
Access to the Service; Modifications to the Service
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site and the Service (including, without limitation, access to any Content, in whole or in part, and including but not limited to any prior investigations on the Service and any Content displayed to you in connection with such investigations) without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (including, without limitation, access to any Content, in whole or in part), except that to the extent you pay subscription fees to access or use the Service, you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service in its entirety.
OwnershipThe Site, the Service, and all Content are protected by applicable intellectual property laws, including United States copyright law and international treaties. We and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site and the Service, including all Content on and available through the Site and the Service, and any and all underlying software and technology used to provide and make available the Site and the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
All trademarks, logos and service marks (“Trademarks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Trademarks without our prior written consent or the consent of such third party which may own the Trademarks.
Third Party ContentThe Site and the Service may contain links to Web pages and content of third parties that are not hosted by us (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
The Site and the Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
IndemnityYou will defend, indemnify and hold harmless Chargeback Gurus, its subsidiaries, parents, affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any third-party claims or demands, and any related costs, damages, expenses, and liabilities (including reasonable attorneys’ fees), arising out of or related to your use of the Site, the Service, and any Content, any User Data you provide, your violation of any provision of these Terms, or your violation of any law, regulation, or rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty DisclaimersYOUR USE OF THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SITE, THE SERVICE, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHARGEBACK GURUS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, THE SERVICE, AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
CHARGEBACK GURUS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE OR THE SERVICE OR YOUR ACCESS TO ANY CONTENT. CHARGEBACK GURUS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT THE SITE, THE SERVICE, OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE TIMELY, ACCURATE, COMPLETE, ERROR-FREE, LEGAL, SAFE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT, OR THAT ANY ERRORS IN THE SITE, THE SERVICE, OR ANY ERRORS IN ANY RESULTS, DATA, INFORMATION, OR CONTENT OBTAINED OR DERIVED THROUGH THE USE OF THE SITE OR THE SERVICE OR ANY OF THE CONTENT WILL BE CORRECTED.
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, THE SERVICE, OR ANY CONTENT WILL CREATE ANY WARRANTY REGARDING THE SITE, THE SERVICE, OR ANY CONTENT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THE SERVICE, OR ANY CONTENT, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM POSSIBLE UNDER SUCH APPLICABLE LAW.
Limitations of LiabilityNEITHER CHARGEBACK GURUS NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHAREGEBACK GURUS OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICE, OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF CHARGEBACK GURUS AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY YOU FOR YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICE IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. IF A COURT FINDS THE MAXIMUM TOTAL LIABILITY UNDER THE PREVIOUS SENTENCE UNENFORCEABLE, THE MAXIMUM TOTAL LIABILITY OF CHARGEBACK GURUS AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE, THE SERVICE, OR ANY CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $50. YOU FURTHER AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS, THE SITE, THE SERVICE, OR ANY CONTENT. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Government UsersThe Site, the Service, and all Content are “commercial items” as defined in 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.211 and 48 C.F.R. 12.212, such commercial items are provided to any U.S. Government users only as commercial Items and with only those rights and licenses set forth in this Agreement and subject to the restrictions set forth in this Agreement. All U.S. Government users use the Service with only those rights set forth in this Agreement. In accordance with the tailoring provisions of FAR 12.302, this Agreement amends certain provisions of FAR 52.212-4 as set forth herein, to the extent such provisions may be so tailored or amended in accordance with applicable law and government regulation. To the extent the foregoing tailoring or amendment is so permitted, the provisions of this Agreement will take precedence over any otherwise applicable and conflicting or inconsistent provisions of the documentation between the parties and any provisions of the FAR that may be referenced therein.
Marketing and PublicityIf you register for an account to use the Service, you (a) agree that we may disclose that you are a customer of ours, and may include your name and logo in any lists of customers on the Site and in other marketing collateral and press releases; and (b) agree, if requested by us, to the issuance of a joint press release on a mutually agreed-upon date (which agreement will not be withheld unreasonably). Each party will have the right to approve the press release in advance, but such approval will not be unreasonably delayed or withheld.
Further, if you register for an account to use the Service, you agree to be the subject of a customer testimonial or case study written by us, which will discuss your use of the Service and may be published by us and used in sales, marketing, and press activities. You must approve each such testimonial or case study in advance, provided that approval will not be unreasonably delayed or withheld.
Legal NoticesOur failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. You will not transfer or assign this Agreement, directly or indirectly, to another person without our prior written consent. Nothing express or implied in this Agreement is intended to confer upon any entity other than the parties and their respective successors and assigns any rights, remedies, obligations, or liabilities whatsoever. We will not be liable for any delay or non-performance of our obligations under this Agreement due to any cause beyond our control.
These Terms are governed by the laws of the State of Texas, excluding conflicts of laws principles. Any controversy or claim arising out of or relating to the Site, the Service, or these Terms must be commenced by you in Dallas County, Texas. You consent to the exclusive personal and subject matter jurisdiction of the state and federal courts located in Dallas County, Texas, and unconditionally waive, to the extent permitted by applicable law: (a) any objection that you might now or hereafter have to the venue of any such court in any action so instituted under these Terms and (b) any claim that any action or proceeding so brought in any such court has been brought in an inconvenient forum.
These Terms, including all Policies, constitute the entire agreement between you and Chargeback Gurus concerning the Site, the Service, and any Content.
Contact InformationChargeback Gurus
Attn: Legal Services
Phone: (866) 999-3758