Terms and Conditions
The Deal Rack, LLC (herein "The Deal Rack" or “we”) maintains this site (the "Site") for your personal use and information.
Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Site and you must exit the Site immediately.
The Deal Rack may, in its sole discretion, immediately terminate your right to use the Site if it finds that you have failed to comply with any provision of these Terms and Conditions or if it believes, in its sole discretion, that you have in any way abused your right to use the Site. The Deal Rack shall not be liable to you or to any third party for any claim or cause of action arising out of such termination.
If you have any questions about these Terms and Conditions, please contact us using the information at http://www.thedealrack.com/contact/
You will be charged for your order through your selected form of payment (e.g. your credit card, Paypal, etc.) upon placing your order, even if we do not ship your order that day or the next day. We do, however, ship all orders promptly, consistent with the information presented on our website.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing and other dynamic discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time; prices are reserved only by placing an order.
Pricing Error and Inaccuracy Disclaimer
Information at the Site may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, The Deal Rack will cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any errors or inaccuracies, you may return. Please see our Return Policy for further information.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Deal Rack. The Deal Rack neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with The Deal Rack.
Images of people or places displayed on the Site are either the property of, or used with permission by, The Deal Rack. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without The Deal Rack's written permission.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of The Deal Rack and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Deal Rack or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that The Deal Rack will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
While The Deal Rack uses reasonable efforts to include accurate and up to date information in the Site, The Deal Rack makes no warranties or representations as to its accuracy. The Deal Rack assumes no liability or responsibility for any errors or omissions in the content of the Site.
The Deal Rack and our content providers attempt to be as accurate as possible with the product information provided. However, The Deal Rack does not warrant that product descriptions and photos are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
Your use of and browsing in the Site are at your risk. The Deal Rack assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, purchases from, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Without limiting the foregoing, everything on the Site including but not limited to informational content and the products for sale is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT WHATSOEVER WILL THE DEAL RACK OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM (I) YOUR ACCESS TO, USE OF, OR PURCHASES FROM THE SITE, OR (II) THE PRODUCTS SOLD BY THE DEAL RACK.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to indemnify and hold The Deal Rack, its parents, subsidiaries and affiliates, and their respective owners, officers, employees and agents harmless from and against any third party claim or demand, including reasonable attorneys' fees, arising out of your use of the Site, your violation of this these Terms and Conditions or your infringement (or the infringement by another user who accesses the Site using your computer equipment) of any intellectual property or other right of any person.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the case of products that carry no such shipment or dispatch contract, risk of loss and title will pass to you immediately upon completion of the financial transaction during the purchase process.
In exchange for your use of the Site, you agree to: (i) not to use the Site for any illegal purpose; (ii) not to interfere with or disrupt networks connected to the Site; and (iii) to comply with all regulations, policies and procedures of such networks.
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify The Deal Rack immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by The Deal Rack or any other user of or visitor to the Site due to someone else using your ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.
The Site is designed for adults who make purchases for themselves and for others, including children. The Deal Rack is concerned about the privacy of children and does not knowingly solicit or collect any personal information on individuals 17 or younger.
If you are under 18, you may use the Site only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Deal Rack has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
The Deal Rack reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the Site at any time, with or without notice to you. The Deal Rack also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. The Deal Rack shall not be liable to you or any third party for any claim or cause of action arising out of The Deal Rack's exercise of the foregoing rights.
The Deal Rack may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
These Terms and Conditions represent the entire understanding of the parties regarding the use of the Site and purchases made on the Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms and Conditions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed an appropriate federal or state court located in Montgomery County, Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The Deal Rack's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. A modification or waiver of a part of these Terms and Conditions shall not constitute a waiver or modification of any other portion of the Terms and Conditions.