By accessing or using Rack N' Action, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our service.
These Terms of Service ("Terms") govern your access to and use of the Rack N' Action platform, including our website, mobile applications, and related services (collectively, the "Service"), operated by Rack N' Action, LLC ("Company," "we," "us," or "our").
By creating an account or using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.
To use certain features of the Service, you must register for an account. When you register, you agree to:
We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.
Rack N' Action offers various subscription plans with different features and pricing. Details of each plan are available on our pricing page. We reserve the right to modify our pricing and plans with 30 days notice to existing subscribers.
Subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Annual subscriptions are billed once per year.
We may offer a free trial period for new users. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. No charges will be made during the trial period.
Monthly subscriptions are non-refundable. Annual subscriptions may be refunded within 30 days of purchase if you are not satisfied. After 30 days, annual subscriptions are non-refundable but you may continue using the service until the end of your billing period.
You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access until the end of your current billing period. We do not provide prorated refunds for mid-cycle cancellations.
You agree not to use the Service to:
We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating accounts and reporting to law enforcement.
The Service and its original content, features, and functionality are owned by Rack N' Action, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content solely for the purpose of providing the Service.
Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you or keep them confidential.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data collection and use practices.
You are responsible for maintaining the confidentiality of any data you input into the Service, including customer information. You agree to comply with all applicable data protection laws when using the Service.
The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.
To the maximum extent permitted by law, Rack N' Action shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
You agree to indemnify and hold harmless Rack N' Action and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.
You may terminate your account at any time by contacting us or through your account settings. Termination does not relieve you of any payment obligations for services already rendered.
Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Austin, Texas.
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rack N' Action regarding the Service.