Terms of Service
Effective Date: September 12, 2023
Welcome to Rally Cap Club! These Terms of Service govern your use of our website, www.rallycapclub.com, which is hosted on the Shopify platform. By accessing or using our website, you agree to comply with these terms and conditions. Please read them carefully.
1. Use of Our Website
1.1 Eligibility: To use our website, you must be at least 18 years old or the legal age of majority in your jurisdiction. By accessing or using our website, you represent and warrant that you meet the eligibility requirements.
1.2 Account Creation: Some features of our website may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Please ensure that your account information is accurate, current, and complete.
1.3 Prohibited Activities: When using our website, you agree not to engage in any activities that may:
(a) Violate any applicable laws, regulations, or third-party rights;
(b) Interfere with the proper functioning of our website or impair its security;
(c) Upload, transmit, or distribute any malicious code, viruses, or harmful content;
(d) Collect or harvest any personal information from other users without their consent;
(e) Engage in any fraudulent or deceptive practices; or
(f) Attempt to gain unauthorized access to our systems or accounts.
2. Intellectual Property
2.1 Ownership: Rally Cap Club and its licensors retain all rights, title, and interest in and to the website, including all content, logos, trademarks, and intellectual property. You agree not to use, reproduce, modify, or distribute any copyrighted materials without our prior written consent.
2.2 User-Generated Content: By submitting or posting any content on our website, you grant Rally Cap Club a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any purpose.
3. Product Orders and Payments
3.1 Product Availability: All products displayed on our website are subject to availability. We reserve the right to modify or discontinue any product at any time without notice.
3.2 Pricing and Payment: Product prices are listed in US dollars and are subject to change. Payment for orders is processed through our secure payment gateway. By placing an order, you agree to pay the specified amount for the selected products, including any applicable taxes and shipping fees.
3.3 Shipping and Returns: Please review our shipping and returns policy, which outlines the terms and conditions for product delivery and returns.
4. Limitation of Liability
To the fullest extent permitted by law, Rally Cap Club and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the website or the products purchased through the website.
5. Indemnification
You agree to indemnify, defend, and hold Rally Cap Club and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or relating to your use of our website, violation of these Terms of Service, or any third-party rights.
6. Modification and Termination
We reserve the right to modify, suspend, or terminate our website or these Terms of Service at any time without notice. Your continued use of the website after any modifications to these terms constitutes your acceptance of the modified terms.
7. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Alabama. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in Shelby County, Alabama.
8. Mobile Terms of Service
The Rally Cap Club mobile message service (the "Service") is operated by Rally Cap Club (“Rally Cap Club”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Rally Cap Club’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Rally Cap Club through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, inspirational content, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Rally Cap Club. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18447847498 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Rally Cap Club mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18447847498 or email hello@rallycapclub.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
9. Contact Us
If you have any questions, concerns, or requests regarding these Terms of Service or your use of our website, please contact us at hello@rallycapclub.com or using our website Contact Us form.
By using our website, you acknowledge that you have read, understood, and agreed to these Terms of Service.
Last updated: September 12, 2023