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terms-privacy

TERMS AND CONDITIONS

Welcome to Rascal Holdings LLC ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website (the "Site") and any related services or applications (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. Please read them carefully before using our Site or Services.

  1. Acceptance of Terms

By accessing the Site or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or Services.

  1. Account Registration

To access certain features of the Site or Services, you may need to create an account. By registering an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

  1. Age Restrictions

The Site and Services are intended for individuals who are 18 years of age or older. By accessing the Site or using our Services, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may use the Site or Services only with the involvement of a parent or legal guardian.

  1. Privacy

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy governs the collection, use, and disclosure of your personal information and is incorporated into these Terms by reference. Please review our Privacy Policy below for more information.

 

PRIVACY POLICY

Last Updated: January 1, 2023

Rascal Holdings LLC ("Company," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose your personal information when you use our website (the "Site") and any related services or applications (collectively, the "Services"). By accessing or using the Site or Services, you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy. Please read this Privacy Policy carefully before using our Site or Services.

  1. Information We Collect

We may collect various types of personal information from you when you use our Site or Services. The types of personal information we may collect include:

1.1. Information You Provide:

- Contact information (such as name, email address, phone number, and mailing address);

- Account registration information (such as username and password);

- Payment information (such as credit card details);

- Communication preferences;

- Product preferences and interests;

- Demographic information; and

- Any other information you choose to provide to us.

1.2. Information We Collect Automatically:

When you use our Site or Services, we may automatically collect certain information about your device, browsing actions, and patterns. This information may include:

- IP address;

- Device type;

- Operating system;

- Browser type and version;

- Referring website addresses;

- Pages visited and links clicked;

- Time and date of visits; and

- Other similar information.

1.3. Cookies and Tracking Technologies:

We may use cookies and similar tracking technologies to collect information about your browsing activities. Cookies are small files stored on your device that help us enhance your user experience, understand how the Site is used, and improve our Services. You may choose to disable cookies through your browser settings, but please note that this may affect certain functionality of the Site.

  1. Use of Information

We may use the collected information for the following purposes:

- Provide, maintain, and improve our Site and Services;

- Process and fulfill your orders;

- Personalize your experience on the Site;

- Communicate with you about your account, orders, and promotions;

- Respond to your inquiries and provide customer support;

- Send you marketing communications and promotional offers (with your consent where required by applicable law);

- Conduct market research and analysis;

- Protect against, investigate, and prevent fraudulent or unauthorized activity;

- Comply with legal obligations; and

- Enforce our Terms and Conditions.

  1. Disclosure of Information

We may disclose your personal information to the following categories of recipients:

- Service providers who assist us in operating our business and providing the Services (e.g., payment processors, shipping providers, marketing platforms);

- Third-party vendors and partners for marketing and advertising purposes (with your consent where required by applicable law);

- Law enforcement authorities, government agencies, or authorized third parties, if required to do so by law or in response to a valid court order or subpoena;

- In connection with a merger, acquisition, or sale of all or a portion of our assets; and

- Other parties with your consent or at your direction.

  1. Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

  1. Your Rights and Choices

You have certain rights regarding your personal information, subject to applicable law. These rights may include:

- The right to access, correct, or delete your personal information;

- The right to withdraw consent to the processing of your personal information (where applicable);

- The right to object to certain processing of your personal information;

- The right to restrict the processing of your personal information;

- The right to data portability (where applicable); and

- The right to lodge a complaint with a supervisory authority.

To exercise your rights or make any requests regarding your personal information, please contact us using the contact information provided at the end of this Privacy Policy.

  1. Third-Party Links and Services

Our Site or Services may contain links to third-party websites or services. We are not responsible for the privacy practices or the content of those third-party websites or services. We encourage you to review the privacy policies of those third parties before providing any personal information or using their websites or services.

  1. Children's Privacy

Our Site and Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you become aware that your child has provided us with personal information without your consent, please contact us, and we will take steps to remove such information and terminate the child's account.

  1. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be effective immediately upon posting of the revised Privacy Policy on the Site. Your continued use of the Site or Services after the posting of any modifications constitutes your acceptance of the revised Privacy Policy.

  1. Contact Us

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, please contact us at info@rascalman.com

Effective Date: January 1, 2023

  1. Intellectual Property

The Site and Services, including all content, trademarks, logos, and software, are the exclusive property of Rascal Holdings LLC or its licensors. You may not use, reproduce, distribute, or modify any of our intellectual property without our prior written consent.

  1. Prohibited Conduct

When using the Site or Services, you agree not to:

- Violate any applicable laws or regulations;

- Infringe upon the rights of others;

- Use the Site or Services for any unlawful or fraudulent purpose;

- Impersonate any person or entity;

- Interfere with or disrupt the operation of the Site or Services;

- Engage in any activity that may harm or exploit minors; or

- Attempt to gain unauthorized access to any part of the Site or Services.

  1. Product Information and Pricing

We strive to provide accurate product descriptions and pricing information on the Site. However, we do not warrant that the information is complete, reliable, current, or error-free. In the event of any inaccuracies, we reserve the right to correct them and update the information on the Site without prior notice.

  1. Order Acceptance and Payment

Your placement of an order on the Site constitutes an offer to purchase the products or services. We may accept or decline your order in our sole discretion. If we accept your order, you agree to pay the specified price, including any applicable taxes and shipping fees, using one of the payment methods accepted on the Site.

  1. Shipping and Delivery

We will make reasonable efforts to ship your order within the estimated timeframe provided on the Site. However, we are not responsible for any delays or failures in delivery caused by factors beyond our control. Risk of loss and title for products purchased from the Site pass to you upon our delivery to the carrier.

  1. Returns and Refunds

Our return and refund policy is available on the Site. Please review the policy carefully before making a purchase. We reserve the right to refuse returns or refunds in accordance with our policy.

  1. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

  1. Limitation of Liability

IN NO EVENT SHALL RASCAL HOLDINGS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.

  1. Indemnification

You agree to indemnify and hold Rascal Holdings LLC, its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Site or Services, your violation of these Terms, or your violation of any rights of another party.

  1. Third-Party Links and Content

The Site or Services may contain links to third-party websites or resources. We do not endorse or control these third-party websites or resources, and we are not responsible for their availability, content, or accuracy. Accessing third-party websites or resources is at your own risk, and you should review the applicable terms and policies, including privacy practices, of any third-party website or resource you visit.

  1. Modifications to the Terms

We reserve the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site or Services after the posting of any modifications constitutes your acceptance of the revised Terms.

  1. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Site or Services shall be exclusively brought in the federal or state courts located in Dallas, Texas, United States, and you consent to the personal jurisdiction of such courts.

  1. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

  1. Entire Agreement

These Terms constitute the entire agreement between you and Rascal Holdings LLC regarding your use of the Site and Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

If you have any questions or concerns regarding these Terms, please contact us at info@rascalman.com.

Effective Date: January 1, 2023

Thank you for choosing Rascal Holdings LLC!

COPYRIGHT POLICY

Last Updated: January 1, 2023

Rascal Holdings LLC ("Company," "we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. This Copyright Policy governs the use of copyrighted materials on our website (the "Site") and any related services or applications (collectively, the "Services"). By accessing or using the Site or Services, you agree to comply with this Copyright Policy. Please read it carefully before using our Site or Services.

  1. Copyright Ownership

All content available on the Site or through our Services, including but not limited to text, graphics, images, logos, audio clips, video clips, digital downloads, data compilations, and software, is the property of Rascal Holdings LLC, its affiliates, or its licensors, and is protected by United States and international copyright laws.

  1. Use of Copyrighted Materials

You may not use, reproduce, distribute, modify, or create derivative works of any copyrighted materials found on the Site or obtained through our Services without the express written permission of the copyright owner, except as expressly permitted by law. This includes, but is not limited to, copying, downloading, uploading, sharing, or transmitting copyrighted materials.

  1. Notice and Takedown Procedure

If you believe that your copyrighted work has been infringed upon, please notify us in writing with the following information:

- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

- Identification of the copyrighted work claimed to have been infringed;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

- Sufficient information to locate the material on our Site or Services;

- Your contact information, including your name, address, telephone number, and email address;

- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send your copyright infringement notice to info@rascalman.com.

  1. Counter-Notification

If you believe that the material you posted on the Site or through our Services was removed or access to it was disabled as a result of a mistake or misidentification, you may submit a counter-notification to us in writing with the following information:

- Your physical or electronic signature;

- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

- Your contact information, including your name, address, telephone number, and email address.

Please send your counter-notification to info@rascalman.com.

  1. Repeat Infringers

We may terminate the accounts of users who are found to be repeat infringers of copyright.

  1. Modifications to the Copyright Policy

We reserve the right to modify or update this Copyright Policy at any time, without prior notice. Any changes will be effective immediately upon posting the revised Copyright Policy on the Site. Your continued use of the Site or Services after the posting of any modifications constitutes your acceptance of the revised Copyright Policy.

  1. Contact Us

If you have any questions or concerns regarding this Copyright Policy or our copyright practices, please contact us at info@rascalman.com.

Effective Date: January 1, 2023

Thank you for choosing Rascal Holdings LLC!

TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES

Last Updated: January 1, 2023

Please read these Terms and Conditions ("Terms") carefully before placing an order or using the services provided by Rascal Holdings LLC ("Company," "we," "us," or "our"). These Terms govern the sale of goods and provision of services through our website (the "Site") and any related applications or platforms (collectively, the "Services"). By placing an order or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using our Services.

  1. Scope of Services

We offer goods for sale and may provide additional services through our Site. The descriptions, images, and specifications of the goods and services on the Site are for informational purposes only and are subject to change without notice. We reserve the right to modify, discontinue, or restrict the sale of any goods or provision of services at any time.

  1. Ordering and Acceptance

2.1. Placing an Order: When placing an order through our Site, you agree to provide accurate, complete, and up-to-date information. By submitting an order, you make an offer to purchase the selected goods or services, subject to these Terms.

2.2. Order Confirmation: After you place an order, we will send you an order confirmation via email. This confirmation does not signify acceptance of your order, but rather confirms that we have received your order request.

2.3. Acceptance and Contract Formation: The acceptance of your order and the formation of a legally binding contract occur when we ship the ordered goods or provide the requested services. We reserve the right to reject or cancel an order at any time for various reasons, such as product unavailability, pricing errors, or suspected fraudulent activity.

  1. Pricing and Payment

3.1. Pricing: The prices for goods and services are displayed on the Site and are subject to change without notice. All prices are listed in US dollars and may exclude applicable taxes, shipping fees, or other charges, unless otherwise stated.

3.2. Payment: You agree to provide valid and accurate payment information when placing an order. By submitting your payment details, you authorize us to charge the specified amount for your order. We use secure payment processing systems, but we are not responsible for any unauthorized access or breaches to these systems.

  1. Shipping and Delivery

4.1. Shipping: We will make reasonable efforts to deliver the ordered goods to the shipping address provided by you. Shipping methods, costs, and estimated delivery times will be displayed during the checkout process. Any delivery dates or timeframes provided are estimates and may be subject to delays beyond our control.

4.2. Risk of Loss: The risk of loss or damage to the goods passes to you upon delivery. It is your responsibility to inspect the goods upon receipt and notify us promptly of any defects, damages, or discrepancies.

  1. Returns and Refunds

5.1. Return Policy: We may offer a return or exchange policy for certain goods. The specific terms and conditions regarding returns, including eligibility, timeframes, and any associated fees, will be stated on the Site or provided with the goods.

5.2. Refunds: If a refund is applicable, we will process it in accordance with our refund policy, which may involve crediting the original payment method or providing store credit. Please refer to our refund policy for more details.

  1. Intellectual Property

All intellectual property rights, including copyrights, trademarks, and other proprietary rights, related to the goods, services, and content on the Site are owned by or licensed to Rascal Holdings LLC. You agree not to reproduce, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.

  1. Limitation of Liability

To the extent permitted by law, Rascal Holdings LLC and its affiliates, officers, directors, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our goods, services, or the Site, even if advised of the possibility of such damages.

  1. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of Texas, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms, the Services, or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas, Texas.

  1. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

  1. Entire Agreement

These Terms constitute the entire agreement between you and Rascal Holdings LLC regarding the sale of goods and provision of services and supersede any prior or contemporaneous agreements, understandings, or representations, whether oral or written.

  1. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at info@rascalman.com.

Effective Date: January 1, 2023

Thank you for choosing Rascal Holdings LLC!