Terms of service
Overview
Welcome to Rattle Stakes. This store and website, including all related content, features, tools, products and services (the “Services”), are operated by Kramer Innovations LLC (“Kramer Innovations,” “we,” “us,” or “our”), which does business as Rattle Stakes. The Services are powered by Shopify.
These Terms of Service, together with the policies referenced here (our Privacy Policy, Return & Refund Policy, and Shipping Policy), describe your rights and responsibilities when you use the Services. Please read them carefully — they include important information about warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access the Services.
1. Access and account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own or manage.
To use the Services, you may be asked to provide information such as your email, billing, payment, and shipping details. You represent that all information you provide is correct, current, and complete, and that you have the rights necessary to provide it. You are responsible for maintaining the security of your account and for all activity under it, and you may not transfer or assign your account to anyone else.
2. Our products
We make every effort to represent our products accurately, but colors and appearance may differ from how they appear on your screen. We do not warrant that the appearance or quality of any product will meet your expectations or match how it is depicted online. Product descriptions may change at any time without notice, and we may discontinue products or limit quantities to any person, region, or jurisdiction at our discretion.
3. Product safety and proper use
Rattle Stakes is an active outdoor game intended for users ages 14 and older. It includes metal ground stakes, an elastic tether, and small parts, and it involves physical activity on shared ground.
Before each use, you agree to read and follow all included instructions and safety warnings, to inspect the product and confirm every stake is securely installed, and to use the product only as intended and on suitable ground. Recreational and outdoor activities carry inherent risks, including impact, puncture, entanglement, trips, and falls. By purchasing and using the product, you and anyone you allow to use it voluntarily assume those risks, agree to supervise minors, and agree to use the product responsibly. Nothing in this section limits any rights you may have under applicable law regarding defective products.
4. Orders
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion, and your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellations after an order is accepted. If we do not accept, change, or cancel an order, we will try to notify you using the contact details you provided.
Your purchases are subject to return or exchange solely under our Return & Refund Policy. You represent that your purchases are for your own personal or household use and not for commercial resale or export.
5. Prices and billing
Prices, discounts, and promotions may change without notice. The price charged is the price in effect when the order is placed, as shown in your order confirmation. Unless stated otherwise, posted prices do not include taxes, shipping, handling, or any customs or import charges. If a promotion’s terms conflict with these Terms, the promotion terms govern for that promotion.
You agree to provide current, complete, and accurate purchase and payment information, to keep it updated, and that you are authorized to use the payment method you provide. You agree to pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.
6. Shipping and delivery
Shipping is governed by our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
7. Intellectual property
The Services — including all trademarks, brands, text, images, graphics, video, audio, and the design and arrangement of them — are owned by Kramer Innovations LLC, its affiliates, or its licensors and are protected by intellectual-property laws. One or more aspects of the Rattle Stakes™ product are the subject of a pending U.S. patent application (patent pending). The Rattle Stakes™ name, logo, product designs, and associated intellectual property are owned by Kramer Innovations LLC.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, or transmit any material from the Services without our prior written consent. Shopify’s marks are trademarks of Shopify, and all other marks are the property of their respective owners. All rights not expressly granted are reserved.
8. Third-party links and tools
The Services may link to or provide access to websites, tools, or functionality operated by third parties, which we do not control or monitor. Any such third-party tools are provided “as is” and “as available” without warranties, and your use of them is at your own risk and subject to the third party’s terms. We are not responsible for third-party content, products, or websites; please review their policies before transacting, and direct any related complaints to the third party.
9. Relationship with Shopify
Rattle Stakes is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Rattle Stakes (Kramer Innovations LLC). By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.
10. Privacy
All personal information we collect through the Services is subject to our Privacy Policy, and certain information may be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you submit is transmitted to and shared with Shopify and third parties (which may be located in other countries) in order to provide the Services. By using the Services, you acknowledge that you have read our Privacy Policy.
11. Feedback and reviews
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display it in any medium for any purpose, including promoting the Services. You represent that you own or have the rights to your Feedback, that it does not violate any law or third-party right, and that you have disclosed any compensation received for it. We are not obligated to keep Feedback confidential, to pay for it, or to respond, and we may remove Feedback we consider objectionable. You are solely responsible for the Feedback you submit.
12. Errors, inaccuracies, and omissions
Occasionally information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct these and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).
13. Prohibited uses
You may access and use the Services for lawful purposes only. You agree not to use the Services:
• For any unlawful or malicious purpose, or to violate any applicable law or regulation.
• To infringe our intellectual-property rights or those of others.
• To harass, abuse, defame, threaten, or harm any person, or to transmit false or misleading information.
• To send spam, chain letters, or unsolicited advertising, or to impersonate any person or entity.
• To upload viruses or malicious code, or to interfere with the operation or security of the Services.
• To reproduce, duplicate, resell, or exploit any portion of the Services, or to collect others’ personal information.
• To use any robot, spider, scraper, data-extraction tool, or automated or AI/agent-based process to access the Services, or to conceal that access is automated; or to bypass or circumvent our security or access-control measures.
We may suspend, disable, or terminate your access at any time, without notice, if we determine you have violated these Terms.
14. Termination
We may terminate this agreement or your access to the Services at any time, in our discretion and without notice, and you will remain liable for all amounts due through the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will continue to apply.
15. Disclaimer of warranties
The information presented through the Services is provided for general information only, and any reliance on it is at your own risk.
EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KRAMER INNOVATIONS LLC, OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR REPLACEMENT COSTS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY.
Without limiting the above, we are not liable for injury, loss, or damage resulting from misuse of the product, improper or incomplete installation, use on unsuitable surfaces, unauthorized modification, use with damaged or missing components, or failure to follow the included instructions and safety warnings. Where liability cannot be excluded, our total liability is limited to the amount you paid for the product giving rise to the claim.
17. Indemnification
You agree to indemnify, defend, and hold harmless Kramer Innovations LLC, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising out of (1) your breach of these Terms or the documents they incorporate, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We may control the defense of any such claim at your expense and will not settle a claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld).
18. General
Severability. If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and severed from the remainder, which will stay in effect.
Waiver & entire agreement. Our failure to enforce any provision is not a waiver. These Terms and the policies referenced here are the entire agreement between you and us regarding the Services and supersede any prior agreements. Ambiguities will not be construed against the drafter.
Assignment. You may not assign these Terms without our written consent; we may assign them without notice. Headings are for convenience only.
19. Governing law
These Terms and any related agreements are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. You and Kramer Innovations LLC consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Denver County, Colorado.
20. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We may update or replace any part of these Terms by posting changes to our website; the version posted at the time of your order applies to that order. Your continued use of the Services after changes are posted constitutes acceptance of those changes.
21. Contact information
Questions about these Terms of Service can be sent to us at support@rattlestakes.com.
Kramer Innovations LLC
support@rattlestakes.com
1500 N Grant St #7814, Denver, CO 80203, United States