Your use of this Website confirms your full and complete acceptance of these Terms and Conditions and your agreement to be bound by them without modification of all of the terms and conditions contained herein. Placing an order for products or services from this website also constitutes your full and complete acceptance, and your agreement to be bound by them without modification of all of the terms and conditions contained herein. Our additional policies include (but are not limited to) Privacy, Delivery, Orders, Returns, Refunds, contain additional terms and conditions, which apply to the Services and are part of this Agreement. If you do not agree to this Agreement, do not use our website or any other Services.
We reserve the right at our sole discretion, to change or modify this agreement and any of its terms at any time. Any changes/modifications once posted to this website will take effect immediately. Your use after such modifications will constitute your complete and full acceptance and agreement to be bound by every one of the terms and conditions of this agreement. You are responsible for reviewing our policies and terms of conditions regularly (i.e. every time you access this website or place an order) to ensure that you are aware of any and all changes/modifications to this agreement.
This agreement requires that any and all disputes arising from or relating to any part of this agreement, or this agreement in its entirety is to be resolved on an individual basis by Arbitration only, rather than any jury trial or class action. For those customers residing outside of the U.S.A (for example Europe), this is applicable for any actions you may desire to bring forth in the U.S.A against RATN™.
All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless RATN™ and you agree otherwise, any arbitration hearings will take place in Kansas. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent.
To the fullest extent permitted by law, you and RATN™ knowingly, voluntarily, irrevocably, and absolutely waive all rights to a trial by jury of any and all disputes (as defined above). this jury trial waiver is intentionally made as you and RATN™ would prefer to resolve all disputes (as defined above. this jury trial waiver is a material inducement to entering into this agreement. furthermore, you and RATN™ knowingly, voluntarily, irrevocably, and absolutely waive all rights to participate in a class action, class arbitration or other form of joint dispute resolution with other parties.
RATN™ will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in RATN™’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic(s); lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
To the fullest extent permitted by the applicable law, RATN™ offers this website and services as-is and makes no representations or warranties of any kind whatsoever concerning the website or its service, express, implied, statutory or otherwise, including, without limitation, merchantability, fitness for a particular purpose. RATN™ does not warrant that the functions or content contained on the website or service will be uninterrupted or error-free, that defects will be corrected, or that our servers are free of viruses or other harmful components. In particular, RATN™ makes no representation or warranty that the information provided through the service, regardless of the source, is accurate, complete, reliable, current, or error-free. RATN™ disclaims any and all liability for any and all inaccuracy, error, or incompleteness in the website and services.
To the fullest extent allowed by law, RATN nor its heirs, agents, representatives, affiliates and/or all other partners shall be held liable to you for any consequential, incidental, indirect, special, exemplary, enhanced, or punitive damages arising from or in relation to any and all parts of the services or any and all parts of this agreement, regardless of the following (a) whether any or all of the foregoing damages were foreseeable, (b) whether or not you were advised of the possibility of incurring any of the foregoing damages, (c) the legal or equitable theory (contract, tort, or any other) upon which the claim or claims is based, and (d) any specific circumstances of you. RATN™ and its affiliates and/or partners will under no circumstances exceed the actual amount paid by you for the service or services that you have purchased or used through this website, or any and all other RATN™ online platforms. Some jurisdictions do not allow for exclusions or limitations of incidental, consequential, or certain other damages, so the above limitations and exclusions may not apply to you.
To the fullest extent permitted by law, you release RATN™, its heirs, agents, representatives, and affiliates and/or all other partners from any and all claims and demands, as well as any and all damages, losses, liabilities, judgements, costs, reasonable attorney’s fees, and other expenses incurred or suffered by any RATN™ party, of every and all kind and nature, known and unknown, arising out of or relating to any right, claim, or matter (1) of which is disclaimed by RATN™, or for which RATN™ does provides no guarantees under this agreement, or (2) for which RATN™ is otherwise indemnified or released by you under this agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold RATN™, its heirs, agents, representatives, and affiliates and/or all other partners harmless from any and all claims or demands made by you or any and all third party (whether or not they represent you), as well as all damages, losses, liabilities, judgements, costs, reasonable attorney’s fees, and other expenses incurred or suffered by any RATN™ party, of every and all kind and nature, known and unknown, arising out of or relating to any right, claim, or matter (a) by your breach of this agreement, (b) your use or misuse of RATN™’s Services, (c) your unauthorized use of another’s identity (including but not limited to, name, billing address, email, telephone, payment information). RATN™ reserves its right to handle its legal defense however it sees fit, even if you are indemnifying us, in which case you agree and consent to cooperating with us fully so that we can execute our strategies.
This agreement, and any and all disputes and/or claims arising from or in relating to this agreement or its subject matter or formation including non-contractual disputes and claims, are hereby governed by the laws of the State of Kansas, without regard to its conflict of laws rules. These said laws will apply no matter where in the world you reside or are located. Notwithstanding the aforementioned, nothing in this agreement, including the aforementioned choice of law provision, affects your rights as a User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are a resident.