Terms Of Service
Effective as of March 10, 2024
OVERVIEW
This website is managed by RateTap. Throughout this platform, references to “we”, “us”, and “our” pertain to RateTap. RateTap operates this website, offering all information, tools, and Services herein under the condition that you agree to the terms, conditions, policies, and notices outlined here.
By accessing our site or making purchases from us, you engage in our “Service” and agree to adhere to the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service are applicable to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
We urge you to carefully read these Terms of Service before using or accessing our website. Your access to or use of any part of the site constitutes acceptance of these Terms of Service. If you do not agree to all terms and conditions outlined in this agreement, you are not authorized to access the website or utilize any Services offered herein. Your acceptance of these Terms of Service expressly limits your acceptance to these terms if they are considered an offer.
Any additions or modifications to the current store, including new features or tools, will also be subject to these Terms of Service. The most recent version of the Terms of Service can be reviewed at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to periodically review this page for changes. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., providing the online e-commerce platform enabling us to sell products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you affirm that you have reached the age of majority in your state or province of residence, or that you have obtained consent from a legal guardian if you are a minor.
You agree not to use our products for any illegal or unauthorized purpose, and you must comply with all applicable laws in your jurisdiction, including copyright laws.
You are prohibited from transmitting any worms, viruses, or any other code that may be harmful or destructive.
Failure to comply with any of these Terms will result in the immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You acknowledge that while we take measures to secure your content (excluding credit card information), such content may be transferred unencrypted and may undergo changes to adapt to technical requirements of networks or devices. Credit card information is always encrypted during transfer over networks.
Without express written permission from us, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including access to the Service or any contact on the website facilitating the Service.
The headings used in this agreement are provided for convenience and do not affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable for any inaccuracies, incompleteness, or lack of timeliness of information provided on this site. The material on this site is intended for general information purposes only and should not be the sole basis for decision-making without consulting primary, more accurate, more complete, or more timely sources of information. Your reliance on material from this site is at your own risk.
Historical information on this site may not be current and is provided for reference only. We reserve the right to modify the content of this site at any time without obligation to update information. You are responsible for monitoring changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may only be available online through the website. These products or Services may have limited quantities and may be subject to our Refund Policy:
https://ratetap.com/pages/refund-policy
While we make every effort to accurately display the colors and images of our products, we cannot guarantee that your computer monitor will accurately reflect such colors.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may do so on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services offered. Descriptions of products or product pricing are subject to change without notice, at our discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. Such restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate and complete purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control.
You agree that your use of such tools is at your own risk and that we provide them on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
You should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s) before using the optional tools offered through the site.
Any new features or Services added to the website in the future shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available through our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide us with comments or other submissions, you agree that we may, at any time, without restriction, use, edit, copy, publish, distribute, translate, and otherwise exploit such submissions.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://ratetap.com/pages/privacy-policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or within the Service that includes typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information within the Service or on any associated website is found to be inaccurate at any time without prior notice (including after an order has been submitted).
We do not undertake any obligation to update, amend, or clarify information within the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date within the Service or on any related website should not be construed to imply that all information within the Service or on any related website has been altered or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are forbidden from utilizing the site or its content: (a) for any unlawful purpose; (b) to solicit others to engage in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could impact the functionality or operation of the Service or any associated website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any associated website, other websites, or the Internet. We retain the right to terminate your access to the Service or any associated website for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You acknowledge that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services provided through the Service are provided 'as is' and 'as available' without any representations, 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.
In no event shall RateTap, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RateTap and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If 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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof) accordingly.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - 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 laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service please contact ratetap.inc@gmail.com