PRIVACY POLICY
We will protect your personal information at The Rager, LLC. We do own the information collected on our site but will not rent or sell this information.
Cookies and IP Addresses
The Rager, LLC is committed to your privacy. We use your IP address to help diagnose problems with our server and provide a better website experience. Your IP address is used to help identify you and your shopping cart and gather general demographic information. We use cookies to keep track of your shopping cart and for other purposes like personalizing the website. We may also use our own cookies to provide enhanced on line display advertising tailored for your interests. You can opt out of advertising provided by The Rager, LLC, by clicking the opt out button. Cookies are small pieces of information stored by your internet browser to your computer’s hard drive. Your browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the site will not be able to recognize your shopping cart, your account or any personalization. We do not and cannot use cookies to gather your confidential information that may be stored on your hard drive. We also use web beacons as a means to deliver us cookies in order to determine whether and how many times our web pages have been browsed. Third Party advertisers also help us display tailored content to our customers and serve ads on our behalf. These advertisers may also utilize cookies and/or website beacons to measure effectiveness, efficiencies, etc. of the websites.
Your Personal Information
The Rager, LLC website uses forms for you to request information and our products. We collect your contact information, including, but not limited to, addresses, email addresses, phone numbers and financial information. Collected information is used for the benefit of The Rager, LLC to send information to customers about orders, to process and collect payments, to send promotional marketing material about our Company and Partners, and to contact customers about orders when necessary. Demographic and profile data is also collected at our website. We use this data to tailor your experiences at our website, to show you content that we think you might be interested in, and to display the content according to your preferences.
Third Party Service Providers
The Rager, LLC employs other Companies and individuals to perform functions on our behalf. They have access to personal information needed to perform their duties and functions, they may not use the information for any other purposes. Your information is considered to be an asset of The Rager, LLC and as such may not be transferred to another Company.
External Links
This Website contains links to other websites. The Rager, LLC is not responsible for the privacy practices or the content of these other websites.
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INFORMATION SECURITY
The Rager, LLC has instituted reasonable safeguards to help insure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Websites (including the software, applications and services provided on the Websites) available to you agree to protect personal information that they must access in order to serve you and to honor the preferences about contacts you receive. When you send or transmit your sensitive information to or through our Website, your sensitive information is encrypted and protected with SSL, the current industry standard encryption protocol. When you are on an SSL protected page, a picture of a closed lock at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select “Properties”). These secure SSL encrypted pages have URL’s that start with “https://” instead of Error! Hyperlink reference not valid..
Please understand, however, that it is impossible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use and Privacy Policy, you understand that we do not guarantee that your use of the Websites and/or information provided to you will be private and secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended uses of the Websites. You also understand that any information provided for you or collected by us or our agents in connection with your use of the Websites will be used in the manner described in our Terms of Use. Please do not use the Websites if you do not agree to the terms and conditions described in this Information Security section.
TERMS OF USE
The Rager, LLC and its affiliates provides this and other Websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Websites”) subject to your compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THESE WEBSITES. These Terms of Use constitute an agreement between The Rager, LLC and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Websites, you affirm that you are able and legally competent to agree and to comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Websites.
Please note that these Terms of Use contain provisions that govern the resolution of claims between The Rager, LLC and you. Please see The Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.
Privacy & Security
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Websites. To the extent there is a conflict between the terms of the Privacy Policy and the Terms of Use, the Terms of Use govern. Information security is important to the Rager, LLC. We have established appropriate physical, electronic and managerial safeguards to protect the information we collect from or about our users. The Rager, LLC does, however, reserve the right at all times to disclose any information as we deem necessary to satisfy any application law, regulation, legal process or governmental request.
Changes
The Rager, LLC reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Websites. Your use of these Websites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Websites. If we request, you agree to sign a non-electronic version of these Terms of Use. We will notify you of any change to these Terms of Use by updating the ‘Last Updated” date at the top of the Web page.
Intellectual Property Rights
The Websites contain valuable trademarks and service marks owned and used by The Rager, LLC, including but not limited to, THE RAGER and the Rager design logo (collectively, the “Rager Marks”). Any use of the Rager Marks without the prior written permission of The Rager, LLC is strictly prohibited. The arrangement and layout of the Websites, including but not limited to, the Rager Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Website Content”), are the sole and exclusive property of The Rager, LLC. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE WEBSITES IS PROHIBITED.
The Rager, LLC uses a network of independent product and content suppliers,
distributors, and other such third parties to supply some of the products and content advertised on the Websites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Websites are the property of their respective owners. For claims of copyright infringement please see our Copyright Policy.
User-Generated Content
From time to time, the Websites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Websites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to The Rager, LLC that: (a) your User Content does violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (b) you own or have the legal right to use and authorize The Rager, LLC to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (c) your User Content does not violate The Rager, LLC’s Acceptable Use Policy set forth below.
As between you and The Rager, LLC, you will retain all of your ownership rights in and to your User Content. By submitting User Content to The Rager, LLC, you hereby grant to The Rager, LLC a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the internet, broadcast television or any other uses or media) your User Content, in whole or part, including future rights that The Rager, LLC (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Websites a non-exclusive license to access your User Content through the Websites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Websites under these Terms of Use. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. The Rager, LLC reserves the right but is not obligated to monitor User Content or other content sent to or through the Websites. The Rager, LLC has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Websites if The Rager, LLC determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. The Rager, LLC takes no responsibility for and expressly disclaims any and all liability in connection with User Content.
Acceptable Use Policy
By submitting User Content and otherwise using the Websites, you agree not to : (a) submit any User Content that is protected by or otherwise subject to any third party or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant The Rager, LLC all of the rights granted herein; (b) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (c) use the Websites to harm any person or entity, including The Rager, LLC; (d) impersonate any person or entity, including but not limited to, a representative of The Rager, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on or through the Websites; (f) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (g) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs, that interrupt, destroy or limit the functionality of the Websites or any other computer software or hardware or telecommunications equipment; (h) intentionally or unintentionally violate any applicable local, state, or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (i) collect, store or use personal information about other users of the Websites without their consent; (j) use the Websites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (k) use any of the websites in any manner that could overburden or impair any of the Websites or the networks or systems connected to the Websites; and/or (l) use any device, software or instrumentality to interfere with the proper working of the Websites or disobey any requirements, procedures, policies or regulations of networks connected to the Websites. You also agree that you will not violate or attempt to violate the security of the Websites. Violations of system or network security may result in civil or criminal liability. The Rager, LLC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Order Acceptance
The receipt of an order number or an email order does constitute the acceptance of an order or a confirmation of an offer to sell. The Rager, LLC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service/products to any customer. Verification of information may require prior to the acceptance of an order. Prices and availability of products on the Websites are subject to change without notice. Errors will be corrected when discovered and The Rager, LLC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Websites. The Rager, LLC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at The Rager’s sole discretion.
Links to Other Websites
The Websites may contain links to third-party Websites (“Other Websites”) that are not under The Rager, LLC’s control. The Rager, LLC makes no claim and accepts no responsibility regarding the quality, nature of reliability of the Other Websites that are accessible by hyperlinks from the Websites or link to the Websites. The Rager, LLC provides these links to you as a convenience and the inclusion of any link does not imply endorsement by The Rager, LLC of Other Websites or any association with the operators of such Other Websites. You are responsible for viewing and abiding by the privacy statements and terms of use posted by any third party websites.
Mobile Devices and Mobile Applications
If you use a mobile device to access pages of the Websites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from The Rager, LLC (as/when available) or using a mobile application the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Websites via your mobile device of use of a mobile application confirms your agreement to these Mobile Terms, as well as to the rest of the Terms of Use. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Websites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Communications with The Rager, LLC
For all communications made to or with The Rager, LLC, including but not limited to feedback, questions, comments, suggestions and the like: (a) you will have no right to confidentiality in your communications and The Rager, LLC will have no obligation to protect your communications from disclosure; (b) The Rager, LLC will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) The Rager, LLC will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purposes whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Indemnity
You agree to indemnify and hold The Rager, LLC and its agents and licensors harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of (a) your use of the Websites, including any User Content you submit, post to or transmit through the Websites, (b) your violation of these Terms of Use or (c) your violation of any rights of another User.
Disclaimer of Warranties
The Rager, LLC intends for the information and data contained in the Websites to be accurate and reliable but since the information and data have been compiled from a variety of resources, they are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of the Websites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law. THE RAGER, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE AND DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some Jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT WILL THE RAGER, LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE WEBSITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE RAGER, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Websites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if The Rager, LLC is found to be liable, our liability to you or any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.
Legal Disputes
YOU AND THE RAGER, LLC AGREE TO GIVE UP ANY RIGHTS TO LITIGTE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT, SUC AS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and The Rager, LLC, its agents, employees, members, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “The Rager, LLC”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Clark County State of Nevada administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days advance written notice of its intent to file for arbitration. The Rager, LLC will provide such notice by email to your email address on file with us and you must provide such notice by email to __________________.
During such sixty (60) day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitrator authority and grounds for judicial review. The Rager, LLC and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither The Rager, LLC nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforceable (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Termination
Your ability to access and use Websites remains in effect until terminated in accordance with these Terms of Use. You agree that The Rager, LLC, in its sole discretion, may terminate your account and your use of the Websites and may remove and delete your User Content if The Rager, LLC believes that you have violated or acted inconsistently with these Terms of Use or for any other reason, The Rager, LLC also may in its sole discretion and at any time discontinue providing the Websites, or any part thereof, with or without notice. You agree that any termination of your access to the Websites may be effected without prior notice and you acknowledge and agree that The Rager, LLC may bar any further access to the Websites. Further, you agree that The Rager, LLC will not be liable to you or any third-party for any termination of access to the Websites. You may terminate your account by sending a letter stating your intention to The Rager, LLC at 1000 N. Green Valley Pkwy., Suite 440 – #377, Henderson, NV 89074.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination of these Terms of Use.
Outages
The Rager, LLC periodically schedules system downtime for the Websites for maintenance and other purposes. Unplanned system outages may also occur. You agree that The Rager, LLC has no responsibility and is not liable for: (a) the unavailability of any of the Websites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outage caused by any third parties, including without limitation any companies or servers hosting any of the Websites, any internet service providers or otherwise.
Jurisdictional Issues
The Websites are operated by The Rager, LLC in Henderson, Nevada, USA. The Websites are intended for users who reside in the United States of America. The Rager, LLC makes no representations or warranties that the Websites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Websites outside of the United States, you do so at your own risk and are responsible for compliance with applicable local laws. The Rager, LLC reserves the right to limit the availability of the Websites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Websites is subject United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list if Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions of any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and The Rager, LLC with respect to use of the Websites and supersede any prior agreements between you and The Rager, LLC relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with The Rager, LLC’s prior written consent. No waiver by either party or any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision thereof. The Rager, LLC’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of The Rager, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by The Rager, LLC with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.