WEBSITE TERMS OF USE
Welcome to our website. This site is maintained by Ratkaj Designs LLC as a service to you, our clients. We know it’s tempting to skip these Terms of Use, but it’s important we set clear expectations of what you can expect from us as you use our websites and any online services and what we expect from you. Understanding these terms is important because, by using our site, you’re agreeing to these terms.
Besides these Terms of Use, we also have a Privacy Policy. It is incorporated into these terms of use, and we encourage you to read it to better understand how we protect your personal information and how you can exercise your privacy rights.
By using this site, you agree to comply with and be bound by the following terms of use. Please review these terms and conditions carefully. If you do not agree to these terms of use, you should not use this site.
1. Agreement. These Terms of Use (“Terms of Use”) specify the terms and conditions for access to and use of ratkajdesigns.com (“Site”) and describe the terms and conditions applicable to your access of and use of the Site and any Online Services contained on the Site. Online Services include, but are not limited to, purchasing a product from our online store, downloading free or purchased materials, or placing an order (“Online Services”).
The Site is operated by Ratkaj Designs LLC. Throughout the Site, the terms “we”, “us” and “our” refer to Ratkaj Designs LLC. Ratkaj Designs LLC offers the Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site, you engage in using the Site and agree to be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of our Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features, materials, tools which are added to the Site shall also be subject to these Terms of Use.
These Terms of Use may be modified at any time by Ratkaj Designs LLC upon posting of the modified Terms of Use. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at ratkajdesigns.com. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use.
2. Privacy. Your visit to our Site and use of any Online Services are also governed by our Privacy Policy. Please review our Privacy Policy at ratkajdesigns.com. These Terns of Use incorporate the terms of the Privacy Policy by reference. Additionally, by using our Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
3. Intended Audience. This website is intended for adults only. This website is not intended for anyone under the age of 18.
4. Site Use. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree to these Terms of Service. The use of this Site is at the discretion of Ratkaj Designs LLC and we may terminate your use of this Site at any time.
5. Content. All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on our Site is owned, controlled or licensed by or to Ratkaj Designs LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any copying, redistribution, use or publication by you of any such Content or any part of our Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of our Site.
You may use information purposely made available by us for downloading from our Site, provided that you:
• not remove any proprietary notice language in all copies of such documents,
• use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
• make no modifications to any such information, and
• not make any additional representations or warranties relating to such documents.
6. Online Services. While we strive to provide accurate service and pricing information, unintentional pricing or typographical errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and service descriptions) at any time without notice. We reserve the right at any time to modify or discontinue Online Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of Online Services.
7. Feedback and Other Submissions. If, at our request, you send certain specific submissions (e.g., contest entries) with or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy.
8. Online Services Limitations. Certain products or services may be available exclusively online through our Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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 exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.
9. Accuracy of Billing Information for any purchased Online Services. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use 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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Site. 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 detail, please review our Returns Policy.
10. Accuracy, Completeness, and Timeliness of Information. We are not responsible if information made available on our Site is not accurate, complete, or current. The materials on the Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on our Site is at your own risk.
Our Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Occasionally there may be information on our Site, Content or contained in Online Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests if any information in the Online Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your request).
We undertake no obligation to update, amend or clarify information in the Online Services or on any related website except as required by law. No specified update or refresh date applied in the Online Services or on any related website, should be taken to indicate that all information in the Online Services or on any related website has been modified or updated.
11. Prohibited uses. In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from:
(a) using our Site, Content and/or Online Services:
(i) for any unlawful purpose;
(ii) to solicit the performance of any illegal activity or other activity which infringes the rights of Ratkaj Designs LLC or others;
(iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to collect or track the personal information of others;
(viii) to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of our Site, Content, Online Services or of any related website, other websites, or the internet;
(ix) to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page scrape or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to
(A) access, acquire, copy, or monitor any portion of our Site or Content,
(B) in any way reproduce or circumvent the navigational structure or presentation of our Site or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Website, and/or
(C) gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to our Site or to any Ratkaj Designs LLC server, or to any of the services offered on or through our Site; and/or
(b) probing, scanning, or testing the vulnerability of our Site or any network connected to our Site, nor breach the security or authentication measures on our Site or any network connected to our Site;
(c) exploiting our Site or Online Services or information made available or offered by or through our Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on our Site; and/or
(d) interfering with or circumventing the security features of our Site, Content, Online Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of our Site, Content, Online Services, or any related website for violating any of the prohibited uses.
12. Click-Through Agreements. Before using certain areas of our Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
13. Use of Site Information. Ratkaj Designs LLC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
14. Trademarks. Ratkaj Designs, and others are either trademarks or registered trademarks of Ratkai Designs LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
15. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
16. Warranties.
(a) Online Services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Online Services will be corrected. We do not guarantee, represent, or warrant that your use of the Online Services will be uninterrupted, timely, secure or error-free. Additionally, we do not warrant that the results that may be obtained from the use of the Online Services will be accurate or reliable. You agree that from time to time we may remove Online Services for indefinite periods of time or cancel any Online Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Online Services is at your sole risk. The service and all products and services delivered to you through Online Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, 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.
(b) Site. By using our Site, you understand and agree that our Site and Content are provided “As is” and “As available.” All Content and information provided on our Site is subject to change without notice. Neither Ratkaj Designs LLC, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) our Site or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to our Site will be uninterrupted, timely, secure, or error free; (iii) the quality of any services, information or other material purchased or obtained by you through our Site will meet your expectations; (iv) the information, software, or other material available on or accessible through our Site is free of viruses, worms, Trojan horses, or other harmful components; or (v) Content will remain unchanged or accessible on our Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and agree that Ratkaj Designs LLC will have no liability for any negligence or lack of due care in failing to protect the security of our Site.
YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. RATKAJ DESIGNS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
17. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL RATKAJ DESIGNS LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.
18. Indemnification. You agree to indemnify, defend and hold Ratkaj Designs LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Use or use of our Site.
19. Third Party Links. Periodically, links may be established from the Site to one or other external websites or resources operated by third parties (“Third-Party Sites”). Ratkaj Designs LLC provides these links for your convenience only. In addition, certain Third-Party Sites also may provide links to the Site. At no time shall any such inbound or outbound links be deemed to imply that Ratkaj Designs LLC endorses or approves the Third-Party Sites or any content therein. Ratkaj Designs LLC does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such third-party sites.
Access to any Third-Party Sites is at your own risk. Ratkaj Designs LLC will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law. 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.
Without limiting the foregoing, linking to the Site is strictly prohibited absent express written permission from Ratkaj Designs LLC. In addition, framing, in-line linking, or other association of the Site or its contents with links, advertisements, and/or other information not originating from the Site is expressly prohibited.
20. Use of Site and Content outside of the United States. Ratkaj Designs LLC makes no claims regarding access or use of our Site or Content outside of the United States. If you use or access our Site or Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
21. User Interaction on our Site and Social Media. Ratkaj Designs LLC provides opportunities for user interaction within its Site and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. Ratkaj Designs LLC is not responsible for content or links posted by others.
22. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Athena Legal Solutions LLC, who can be reached as follows:
By Mail: 1282 Cathedral Point Dr, Verona, WI 53593
By Phone: (608) 293-4574
By E-mail: copyright@athenalegalsolutions.com
23. Applicable Law and Venue. You agree that the laws of the state of Wisconsin, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Ratkaj Designs LLC or its affiliates. and suit, if any, must be brought exclusively within the courts of the State of Wisconsin, Dane County. You agree to submit to the jurisdiction of the courts located in the State of Wisconsin.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
24. Binding Agreement. You and we agree, pursuant to the E-Sign Act (‘the Electronic Signatures in Global and National Commerce Act’, as it may be amended from time to time), to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
25. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
26. Waiver. The failure of Ratkaj Designs LLC to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Ratkaj Designs LLC must be in writing and signed by an authorized representative of Ratkaj Designs LLC.
27. Termination. Ratkaj Designs LLC may terminate these Terms of Use at any time, with or without notice, for any reason.
28. Relationship of the Parties. Nothing contained in these Terms of Use or your use of our Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
29. Entire Agreement. This Terms of Use constitutes the entire agreement between you Ratkaj Designs LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ratkaj Designs LLC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Ratkaj Designs LLC may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of our Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
30. Contact Information. Questions about the Terms of Use should be sent to us at:
Ratkaj Designs LLC
4317 Felton Place
Madison, WI 53705
(717) 576-5050
admin@ratkajdesigns.com
Last Updated: September 10, 2023