Terms and Conditions

WEBSITE TERMS OF USE

IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND DO NOT OTHERWISE PROVIDE US WITH YOUR PERSONAL INFORMATION/DATA.

These Terms of Use (otherwise referred to as “Terms & Policy”) are an agreement between you ("you") and Rink Rat Apparel., its affiliates and related companies (individually and collectively “Rink Rat”), for you to use Rink Rat’s RINKRATAPPAREL.COM and websites (individually and collectively the “Website”) in exchange for Rink Rat allowing you to access the Website and its features, and to purchase products and services provided by Rink Rat in person or through the Website (collectively the “RINKRAT® Products and Services”). By using the Website and/or the RINKRAT® Products and Services, you agree to abide by the terms and conditions in these Terms of Use. If you do not accept the Terms of Use, then do not use the Website or purchase RINKRAT® Products and Services. These Terms of Use, including, but not limited to Rink Rat’s Privacy Policy and the Website may change from time to time. While it is generally your responsibility to check for such updates, Rink Rat will provide notice of updates as specifically set out in the Terms of Use, or as otherwise as required by law.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Rink Rat grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and RINKRAT® Products and Services. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any RINKRAT® Products and Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any other service terms are reserved and retained by Rink Rat or its licensors, suppliers, rights holders, or other content providers. No RINKRAT® Products and Services, nor any part of any RINKRAT® Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Rink Rat. You may not frame or use framing techniques to enclose any Trademark (as defined in these Terms of Use), or other proprietary information/content (including but not limited images, text, page layout, or form) obtained from or made by Rink Rat without express written consent. You may not use any metatags or any other "hidden text" using Rink Rat's name or Trademarks without the express written consent of Rink Rat. You may not misuse the Website or the RINKRAT® Products and Services as further defined in these Terms of Use. You may use the RINKRAT® Products and Services only as permitted by law. The licenses granted by Rink Rat terminate if you do not comply with these Terms of Use or any other service terms provided to you in connection with RINKRAT® Products and Services.

RINKRAT PRODUCTS AND SERVICES DESCRIPTIONS

Rink Rat attempts to be as accurate as possible with its product and service descriptions. However, Rink Rat does not warrant that descriptions of the RINKRAT® Products and Services or other content related to RINKRAT® Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by Rink Rat itself is not as described, your sole remedy is to return it in an unused condition. Rink Rat reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior notice, to its descriptions of the RINKRAT® Products and Services, warranties and prices, for any reason whatsoever, including without limitation to address errors, product discontinuation, cost adjustments, changing market conditions or any other business or regulatory factors.

JURISDICTIONAL RESTRICTIONS

The Website can be accessed from anywhere worldwide where there is access to the internet and where the Website has not been blocked by a third party. You understand that, due to governmental restrictions in some areas, some or all of the RINKRAT® Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. Rink Rat reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any RINKRAT® Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. Rink Rat does not represent or warrant that any RINKRAT® Products and Services will be available for purchase by you through this Website, nor through the sites of its authorized distributors.  Where jurisdictional limitations affect you and your ability to access RINKRAT® Products and Services, you agree not to attempt to redirect RINKRAT® Products and Services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.

PRICING AND PAYMENT

Please note that Rink Rat may not be able to confirm the price of an item until you order RINKRAT® Products and Services. Despite Rink Rat's best efforts, a small number of the items in Rink Rat’s catalogue may be mispriced. If an item's correct price is higher than Rink Rat’s stated price, Rink Rat will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

You understand that you will have to provide credit card or other payment information (the “Information”) to Rink Rat or its service providers in order to be able to purchase RINKRAT® Products and Services. You represent that you have the authority to provide the Information and that the Information is or will be accurate and complete. Rink Rat or its service providers will use the Information to charge You for any RINKRAT® Products and Services that you ask to purchase. If You do not wish to provide the Information, Rink Rat will not be able to process to your purchase request.

All prices are subject to applicable state/provincial, federal and harmonized sales and goods and services taxes, handling charges and shipping charges. All orders for shipment outside of the United States may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which shall be paid and provided for solely by you.

YOUR ACCOUNT & CONSENT

You represent and warrant that if you use the Website, you are of age according to prescribed age of majority requirements where you reside and competent to set up an account with Rink Rat, provide your consent as required by these Terms of Use and purchase products and services online (if you choose to do so) without the approval of another adult. If You create an account on or through the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or devices with which you access the Website. You agree to accept responsibility for all activities that occur under your account or password, even if you designate or authorize another individual to use your account to purchase RINKRAT® Products and Services, or otherwise participate in programs and offerings that Rink Rat advertises or makes available to the public.

Rink Rat may, from time to time, sell RINKRAT® Products and Services for children, but it sells them to adults who are age of majority and who can purchase them with a credit card or other permitted payment method. If you have or care for a child under the age of majority according to the place of your residence, your child may only purchase RINKRAT® Products and Services from this Website with your supervision and involvement as their parent or guardian. Rink Rat reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any violation of the conditions relating to the use of your account.

By setting up an account with Rink Rat or by consenting to the participation of others in any offerings or programs of Rink Rat in connection with your account, you hereby consent to receiving electronic communications regarding Rink Rat, including any offers and advertisements by Rink Rat, to the email address you provide where the provision of implied consent is permitted under the law where you reside. If the You do not wish to receive such electronic communications, You should advise Rink Rat as soon as possible following the establishment of your account and/or enrollment in an offering or program made available by Rink Rat, by sending an e-mail to customercare@rink ratapparel.com.

In instances where positive consent is required by law for you to receive further electronic messages from Rink Rat after setting up your account, you will be prompted to provide consent and if you refuse to do so, this may affect your ability to participate in offerings and programs made available by Rink Rat. 

For additional terms and conditions regarding your account, please go to the part of these Terms of Use outlining the RINKRAT® Privacy Policy.

LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE STATE OF MICHIGAN’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MIGHT NOT APPLY TO YOU IN WHOLE OR IN PART, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE RINKRAT® PRODUCTS AND SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY RINK RAT THROUGH THE WEBSITE AND THE RINKRAT® PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RINK RAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE FITNESS FOR PURPOSE OF THE RINKRAT® PRODUCTS AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH RINKRAT® PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND RINKRAT® PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY RINK RAT, RINK RAT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS OF PRODUCTS AND SERVICES, INFORMATION, CONTENT, AND MATERIALS FOR A PARTICULAR PURPOSE. RINK RAT DOES NOT WARRANT THAT THE RINKRAT® PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH RINKRAT® PRODUCTS AND SERVICES, VIA POST, COURIER, GROUND OR AIR DELIVERY, ITS SERVERS, EMAIL OR BY OTHER ELECTRONIC COMMUNICATION/TRANSMISSION, ARE FREE OF DEFECTS, CONTAMINANTS, VIRUSES, MALWARE, SPYWARE, OR OTHER HARMFUL ELEMENTS/COMPONENTS.

Rink Rat makes no representations whatsoever about any other third party website or digital platform (“Third Party Site”) which you may access through this site. When you access a Third Party Site, you understand and acknowledge that it is operated by a person or legal entity that is independent from Rink Rat, and that Rink Rat has no control over the content on any such Third Party Site. In addition, a link to a Third Party Site does not mean that Rink Rat endorses or accepts any responsibility for the content, or the use, of such Third Party Site. You are encouraged to review the terms of use and privacy policies of Third Party Sites and it is your responsibility to take precautions to ensure that whatever You select for your use by You is free of such items such as viruses, worms, trojans, and other items of a destructive nature.

RINK RAT WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY, WITHOUT LIMITATION, FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC, OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, OR GARBLED OR JUMBLED TRANSMISSIONS, OR SERVICE PROVIDER/INTERNET/WEBSITE USE (IN)ACCESSIBILITY OR (UN)AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION IN YOUR AFFAIRS OR WITH YOUR PROPERTY. RINK RAT WILL ALSO NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ANY RINKRAT® PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH RINKRAT® PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

INDEMNITY.

You agree to defend, indemnify, release and hold Rink Rat (which includes its affiliates and related companies) harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of these Terms of Use by you or users of your account, or in connection with the use of the Website, use of RINKRAT® Products and Services or the placement or transmission of any information or other materials on the Website by you or users of your account, including but not limited to all claims resulting in connection with content You supply in your communication or engagement with Rink Rat in any forum, medium or context.

COPYRIGHT NOTICE

All materials published or otherwise accessible through the Website including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by United States and international copyright laws, and are owned or controlled by Rink Rat and any others which may own copyright or the party credited as the provider of the Content. All Website visitors and users shall abide by this copyright notice and all additional copyright notices, information, and restrictions contained in the Content. All Website visitors and users shall also abide by all additional copyright notices, information, and restrictions contained in any content accessed through the Website at Third Party Sites.

TRADEMARKS

The trademarks (word and service marks), logos and designs, domains, hash tags, other tags, icons and branding elements, including but not limited to, "RINK RAT", "RINK RAT APPAREL", "RINKRATAPPAREL.COM", identifying or used in association with the products and services Rink Rat offers (collectively the "Trademarks") as may or may not be displayed on the Website, are registered and unregistered Trademarks of Rink Rat and others. Unless expressly permitted by Rink Rat in writing, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the express written permission of Rink Rat or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Rink Rat will aggressively enforce its trademark and other intellectual property rights to the fullest extent of the law, including seeking civil remedies and criminal prosecution.

COMMUNICATIONS

When you use any RINKRAT® Products and Services or send email to Rink Rat, you are communicating with Rink Rat electronically and you thereby consent to receive communications from Rink Rat electronically. Rink Rat will communicate with you by email or by posting notices on the Website or through other forums and platforms used to communicate regarding Rink Rat Products and Services. You agree that all agreements, notices, disclosures, and other communications that Rink Rat provides to you electronically satisfy any legal requirement that such communications be in writing.

Rink Rat may, at its sole discretion from time to time, allow you and other users of the Website to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content You provide. Rink Rat does not regularly review posted content, but reserves the right to remove or edit such content, but without any obligation to do so unless required by law.

If you do post content or submit content to Rink Rat (and you are under no obligation to do so), you grant Rink Rat a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is prohibited by law. You grant Rink Rat and sublicensees the right to use the name that you submit in connection with such content, if they choose, unless such a grant is prohibited by law. You represent and warrant that you own, have an unrestricted license with an unrestricted right to sublicense, or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content You supply does not violate the Terms & Policy and will not cause injury to any person or entity. Rink Rat has the right, but not the obligation, except where otherwise prescribed in law, to monitor, edit or remove any record of your activity or content you post in relation to Rink Rat, or RINKRAT® Products and Services. Rink Rat assumes no liability for any content posted by You or any third party.

#RINKRATAPPAREL, other hashtags and tags Rink Rat may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying RINKRAT® products and/or other content about or concerning Rink Rat and “tagging” such content with Rink Rat Trademarks such as #RINKRATAPPAREL or (collectively the “Rink Rat Tags”). You have no obligation to post such content and should always consider the nature of any personal information/data you may include before publicizing content, even if only to a limited degree. Once publicized, you acknowledge and agree that such content posted by you, even if it contains personal information/data is not controlled by Rink Rat. By posting such content to third-party social media platforms (i.e. Third Party Sites) and tagging such content with Rink Rat Tags, and subject to the terms and conditions of those Third Party Sites, you grant Rink Rat the same rights to this content as to the content that you submit directly to Rink Rat, make the same representation and warranties regarding said content as being compliant with these Terms & Policy and the terms of use and policies of the Third Party Sites, and further agree to the same terms for the release of Rink Rat from any liability and for the indemnification of Rink Rat, as outlined above.

In instances where the GDPR applies, you do retain the right to request a copy of the personal information Rink Rat does control or have processed about you and have such information addressed in accordance with Rink Rat’s Privacy Policy.

RECOURSE

If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Rink Rat in operating the Website (i.e. the Terms & Policy), your sole and exclusive remedy, unless as may be otherwise expressly stated, or available in law, is to discontinue using the Website, and/or follow the process(es) which apply to your circumstances in accordance with the Privacy Policy.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan and the applicable federal laws of United States. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Michigan. These Terms of Use expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time. Unless otherwise prescribed by law, you agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Rink Rat related to the Website, the use of RINKRAT® Products and Services or these Terms of Use and, where, applicable, you also agree to opt out of any class proceedings against Rink Rat.

MISCELLANEOUS

These Terms of Use, including any and all documents (e.g. policies and programs) referenced, constitutes the entire agreement between Rink Rat and you pertaining to the subject matter of these Terms of Use. Rink Rat's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Rink Rat reserves the right to modify, supplement or supersede these Terms of Use at its sole option, at any time and without notice to you. These Terms of Use shall ensure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English.