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User Dispute Policy

EFFECTIVE DATE: APRIL 18, 2016

This User dispute policy (“Dispute Policy”) governs the process for how disputed payments between Users and Developers through their respective use of our Site and Services will be settled. Capitalized terms used but not defined herein have the meanings ascribed to them in the MakerBot Terms of Use and the User-to-User Payment Terms, which both incorporate this Dispute Policy by reference.

a. Dispute management shall be scheduled as follows:

i. Dispute opened by a User or by MakerBot on behalf of a User.

ii. The open Dispute is notified to the Developer.

iii. If the Developer immediately satisfies the Dispute in the favor of the User, such as, for example, by issuing a refund or by fixing a print damaged in shipping, the Dispute shall be closed.

iv. If the Developer further does not agree and does not satisfy the Dispute in favor of the User, the Dispute will remain open and will be further scheduled as follows:

A. The User in the Dispute will receive notification that the Dispute remains open.

B. The Developer shall provide documentation to MakerBot to support the position that the Dispute is not valid (“Supporting Documentation”) within 14 days of the notification. If Supporting Documentation is not provided within the specified period, MakerBot will automatically satisfy the Dispute in favor of the User and, which in the case of a refund, may include deducting any applicable Payout from the Developer.

C. The User in the Dispute receives the Supporting Documentation for review.

D. The User in the Dispute has 10 days from receipt of the Developer’s Supporting Documentation to either: (1) Close the Dispute, effectively canceling the User’s underlying request from the Developer or (2) Escalate the Dispute back to MakerBot with or without the User’s own Supporting Documentation.

E. If the Dispute is escalated to MakerBot, MakerBot will receive notification of the Dispute and will review all Supporting Documentation.

v. MakerBot shall determine in its sole discretion whether the Dispute shall be administered in favor of the User or the Developer within 30 days unless such time limit is extended by MakerBot in the interests of just consideration of the Dispute, including, but not limited to, extensions based on MakerBot’s request for additional information or documents. MakerBot’s decision shall be final and binding.

vi. Both parties agree to provide us with any information and documents that we request related to a Dispute within 14 days of our request and that MakerBot may decide the Dispute against any party who fails to produce such records by the deadline to do so.

vii. MakerBot will withhold Payout prior to the resolution of a Dispute.

b. Refunds, Specifically:

i. Refund Found Valid:

A. If MakerBot determines that the User in the Dispute should be issued a refund, MakerBot will notify both parties.

B. MakerBot will issue the refund taken from the respective Developer’s Payment Account to the User less any applicable third party payment processor provider refund fees or any other applicable handling charges.

C. MakerBot will then close the Dispute and issue a written warning notification to the Developer.

D. After three such notifications, the Developer will be placed under review by MakerBot.

E. After review, MakerBot will inform the Developer of whether they can continue to use the Payment Transaction Tool or whether the Payment Account will be deactivated for any future use.

F. Dispute will be closed.

ii. Refund Found Invalid:

A. If MakerBot determines that the User in the Dispute should not be issued a refund, MakerBot will notify both parties.

B. Dispute will be closed.

 
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