Rage Create’s Terms of Service (“Terms of Service”) is a legal agreement between you and Rage Create (“we,” “us,” or “our”) that governs your interaction on Ragecreate.com and other Rage Create services (collectively, the “Site”) and your purchases and use of products and services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service. We have the right to change the Terms of Service at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Service.
Additional Terms and Conditions
Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms of Service and you agree to abide by such additional terms and conditions.
Orders and Payment
All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms of Service, we will issue you a refund.
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. Generally, items that are out-of-stock are no longer available.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
We do not guarantee that we offer the best available rates for the products and services available on the Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
Rage Create has different shipping charges depending on the weight of each item in your order. For oversized items or heavy items additional Oversize fees may apply. These fees will be indicated during check out prior to your transaction being completed.
A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. We will keep you updated on your order status via email.
Rage Create ships via UPS and USPS. Please ensure that the address you use can accept delivery from either of these carriers.
Our goal is to process your order as quickly as possible. Please refer to information in the item description to see if your item may take longer to ship. Some items may not ship immediately due to vendor delays. In order to achieve the best possible prices for our customers, sometimes we need to collect orders prior to placing a bulk order with our vendors. In this case, shipping may be delayed two weeks or more. If this is the case with an item, this will be indicated on the product page
Our return policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care items
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 1541 SW Prosperity Way, Palm City, FL, 34990, United States.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: 1541 SW Prosperity Way, Palm City, FL, 34990, United States.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Safeguard Your Username/Password
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
You are solely responsible for your user content and your activity on the Site. Do not submit content that (i) is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion, (ii) violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, (iii) violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission, (iv) involves the transmission of “junk mail”, unsolicited mass mailings or “spam”, or (v) falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content.
User Content is Not Prescreened
We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.
You may use the Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of the Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use the Site in the United States and may not directly or indirectly export our services. The Site may be subject to export restrictions imposed by law. You shall not use the Site for any purpose competitive to Rage Create.
The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
So long as you comply with the these Terms of Service, Rage Create grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms of Service. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms of Service, you may not, nor may you permit anyone else to, directly or indirectly: (i) use any manual process or robot, spider, scraper, or other automated means to collect information from users of the Site, (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from the Site; (iii) transfer any rights granted to you under these Terms of Service; (iv) violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site, (v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; (vi) change or delete any ownership notices from the Site, (vii) take any action or use the Site in a way that violates law, would create liability or promote illegal activities, (viii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (ix) otherwise use the Site except as expressly allowed under this section.
The Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. Rage Create owns all right, title and interest in and to the Site (including any copies, updates or upgrades and all derivative works thereof), Rage Create’s trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on the Site, including without limitation, any copyright or proprietary notices. Rage Create reserves all rights not expressly granted to you in these Terms of Service.
In the event that you submit or post any creative suggestions, proposals, or ideas about the Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you.
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at: hello@Ragecreate.com. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
Representations and Warranties
You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Service; (v) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (vi) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vii) you and your use of the Site will be in compliance with these Terms of Service.
The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of the Site, any content on the Site, or any products or services purchased or made available on the Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from Rage Create or through the Site will create any warranty not expressly stated herein.
Limitation of Liability and Damages
The providers whose products and services are available on the Site are independent contractors and not agents or employees of Rage Create. Rage Create is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of the Site and the purchase and use of products and services available through the Site. To the maximum extent permitted by applicable law, Rage Create, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site or any errors, omissions or inaccuracies in any content in the Site; (ii) the Site or the conduct of other Site users or third parties; (ii) the performance of the products and services purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data, content or personal information; (vi) termination or downgrading of your account,(vii) any bugs viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (viii) user content or defamatory, offensive, or illegal conduct of any third party, (ix) the services, activities, events and adventure travel made available through the Site, (x) any action we take or fail to take, (xi) any damages or injury arising from any use of products and services made available through the Site, or (xii) any other matter relating to the Site or any products or services made available through the Site.
Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms of Service and/or use of the Site is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall never exceed the amounts paid by you to us in connection with the Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless Rage Create, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a provider whose products and services are available on the Site or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Terms of Service, any law or the rights of any third party.
Third Party Links and Service Offers
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Rage Create may be recorded.
You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
You may not assign these Terms of Service or any rights and licenses in these Terms of Service. These Terms of Service may be assigned by Rage Create without restriction.
Choice Of Law And Forum
By using this Site, you agree that Rage Create, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Limitations on Claims
Any cause of action or claim you may have with respect to Rage Create or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.
If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.