Last updated: March 01, 2023
Introduction
Welcome to Rank 45®! These Terms and Conditions (“Terms”) are a legal agreement between you and Rank 45® governing your use of the Rank 45® website located at rank-45.com (the “Site”) and any related mobile applications (the “App”).
Please read these Terms carefully before using our Site or App. By accessing any part of the Site or App, you agree to become bound by these Terms. If you do not agree to all provisions of these Terms, do not access or otherwise use the Site or App.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and share information about you. By accepting these Terms, you acknowledge you have read and understood the Privacy Policy.
Changes to Terms or Site
We may update these Terms at any time, at our sole discretion. If we modify these Terms, we will notify you by updating the “Last Updated” date at the top of this page. By continuing to access or use the Site or App, you confirm your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing and using the Site and App.
We may also change, suspend, or discontinue all or any part of the Site or App at any time without notice. We are not responsible for any loss or harm related to your inability to access or use all or any part of the Site or App.
Site Access and Use
Age Restriction. You must be at least 18 years old to access or use the Site or App. If you are under 18, you may not access or use the Site or App.
Account Registration. You may browse the Site without registering for an account. However, to purchase products, access certain features or content, or submit user content, you must register for a user account and provide certain information about yourself. You agree to provide true, accurate, and complete registration information and to update your information to keep it accurate.
Purchase Terms. You may purchase physical products through the Site, subject to stock availability. All purchases are subject to our Shipping & Returns Policy. When you place an order, you are offering to purchase the products according to these Terms; we may choose whether or not to accept your offer at our sole discretion. No contract will exist between you and Rank 45® for the sale of any product until we dispatch your order.
Responsible Use. You agree to access and use the Site and App only for lawful purposes. You are solely responsible for all your activities on and through the Site and App, including user content you post.
Intellectual Property. The Site and App contain proprietary content and information protected by intellectual property laws. Unauthorized use of any trademarks, logos, or brand names appearing on the Site or App is strictly prohibited.
User Content
The Site and App allow you to create, upload, post, send, store, and otherwise make available certain content, such as product reviews, forum posts, and other materials (“User Content”).
Ownership. You retain full ownership of any original User Content you submit. By submitting User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, modify, publish, and display your User Content in connection with operating and providing the Site and App.
No Compensation. You are not entitled to any compensation for User Content. We may freely use any ideas, concepts, techniques, know-how in your User Content without obligation or compensation to you.
Removal Rights. You can delete your account to remove your User Content. However, cached versions may still be viewable in search engine results or elsewhere outside our control. We are not responsible for removed content that may persist.
No Confidentiality. Do not submit any content you consider confidential or proprietary. User Content is not subject to any obligation of confidence on our part, and we are not liable for any use or disclosure.
Representations. You represent and warrant you have all necessary rights to grant us the license for your User Content above, and that your User Content will not infringe or violate the rights of any third party. You are solely responsible for your User Content.
Inappropriate Content. You agree not to upload or submit any User Content that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically offensive, encourages conduct that would violate any law, undermines national security, or that may expose Rank 45® or others to harm or liability of any type. We may remove any inappropriate User Content at our sole discretion.
Purchases
Product Descriptions. We strive to accurately describe our products, including measurements, fabrications, and colors. However, we do not guarantee that the display of any product or color on your computer will accurately reflect the actual product or color. The inclusion of any products on our Site or App does not imply or warrant they are or will be available. We reserve the right to modify, limit, or discontinue products at any time without notice.
Pricing. Prices on our Site include VAT but exclude shipping costs. We reserve the right to change prices at any time.
Promotions. Any promotions, discounts, or sales on products are provided at our sole discretion. Promotional offers are only valid while supplies last and have no cash value. Promo codes are void where prohibited and have no cash value.
Cancellations. You may cancel unshipped orders at any time for a full refund. For assistance with cancellations, you may contact customer service.
Returns. Please see our Returns Policy for information on returning products.
Risk of Loss. Risk of loss and title for products pass to you upon our transfer to the carrier. You are responsible for filing any claims with carriers for damaged and lost shipments.
Copyright Dispute Policy
We respect the intellectual property rights of others. If you believe your copyright has been infringed, please provide written notice to our Copyright Agent containing the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and its location on the Site or App.
- Your name, address, and daytime phone number, and an email address.
- A statement that you have a good faith belief the disputed use is not authorized by the copyright owner.
- A statement under penalty of perjury that the information provided is accurate and you are the copyright owner.
Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
Rank 45®
Email: [email protected]
Please note this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Your Use of the Site and App
No Data Mining. You may not data mine, crawl, scrape, or use tools (manual or automated) to harvest information from the Site or App.
No Harmful Code. You agree not to upload or transmit any code that may harm, disrupt, or intercept the Site or App in any way.
No Interference. You agree not to interfere with the proper operation of the Site or App, such as through exploits, denial of service attacks, or overloading our systems.
No Unauthorized Access. You agree not to attempt to gain unauthorized access to the Site or App, user accounts, or computer systems through hacking, password mining, or other illegal means.
Disclaimers
No Warranties. THE SITE AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, RANK 45®, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You agree to defend, indemnify, and hold Rank 45® and its officers, directors, employees, and agents harmless from any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or App, violation of law or of these Terms, violation of any right of any third party, or any user content you submit, post, or transmit through the Site or App.
No Third Party Liability. Third party links and integrations on our Site or App are solely for informational purposes. We are not responsible for examining third party services or advertising, and we make no representations or warranties about the content, completeness, or accuracy of those third party materials. Use of any third party services is at your sole risk.
Termination
We may suspend or terminate your account, or suspend or terminate some or all of the Site or App, for any reason at our sole discretion, including for abuse, excessive usage, or failure to comply with these Terms or the law. You have the right to delete your account at any time.
Provisions intended to survive termination of these Terms (such as indemnification, releases, disclaimers, and limitations on liability) shall survive termination.
Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. Any dispute related to these Terms must be brought exclusively in the federal or state courts located in Tarrant County, Texas, and both parties consent to venue and personal jurisdiction there.
Entire Agreement
These Terms constitute the entire agreement between you and Rank 45® governing your access to and use of the Site and App. These Terms supersede any prior or contemporaneous agreements or terms.
Contact Us
If you have any questions about the Site or App, please contact us at:
Email: [email protected]
