RATE OUTDOORS LLC 

TERMS OF SALE 

For all Products  

Effective Date: May 11, 2026 

1. SCOPE; APPLICATION OF THESE TERMS 

1.1 Application. These Terms apply to all sales of products to consumers ("you," "your," "Customer") through any website operated by Rate Outdoors LLC, an Illinois limited liability company (each, a "Site"). The products sold by Rate through any Site (each, a "Product," and collectively the "Products") fall into the following categories: (a) "Wellness Products" means products designed primarily for personal wellness, hydrotherapy, thermal therapy, recovery, or relaxation use, including saunas, plunge pools, cold plunges, hot tubs, outdoor showers, and similar products; (b) "Outdoor Furniture" or "Furniture" means furniture, seating, tables, storage, shade structures, fire features, and similar furnishings designed for outdoor residential use, whether constructed of wood, metal, stone, composite, woven, or other materials; and (c) "Accessories" means parts, components, consumables, and add-on items sold for use with or alongside a Wellness Product or Outdoor Furniture, including replacement parts, controls, sauna stones, oils, cleaning kits, towels, covers, lighting, and similar items. Rate determines, in its sole discretion, the category to which any Product belongs, as may be identified on the applicable product page or in the order confirmation. The category designation controls for purposes of these Terms (including the applicable warranty and Returns Policy). 

These Terms apply in addition to Rate’s website terms of use, privacy policy, applicable returns policies found on the Site, warranties, including Rate Outdoors Outdoor Furniture Limited Warranty (the "Furniture Warranty") and any other policies posted on the Site (collectively, "Rate Policies"). If there is any conflict between these Terms and any other Rate Policy regarding a sale, these Terms control with respect to that sale, except that the applicable Returns Policy controls with respect to returns and exchanges (see Section 5). 

1.2 Product-Specific Terms. Specific Products may be subject to additional or different terms disclosed on the applicable product page, in the order confirmation, or in materials shipped with the Product (including manufacturer warranty terms, installation manuals, instructions, safety warnings, hazard statements, and labels provided by the manufacturer) ("Product-Specific Terms"). Product-Specific Terms are provided prior to or at the time of sale and are deemed accepted upon purchase. Where Product-Specific Terms differ from these Terms, the Product-Specific Terms control with respect to that Product. 

1.3 Eligibility. You must be at least 18 years of age (or the age of majority in your state of residence, if higher) and a resident of the United States to place an order. By placing an order, you represent that you meet these requirements and that the information you provide is accurate and complete. 

1.4 Guest Checkout. You may place an order as a registered account holder, or in some cases, as a guest. Whether you check out as a guest or with an account, these Terms apply to your purchase. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. 

1.5 Consumer Use Only. Products are sold for personal, household, residential consumer use only. Resale, commercial use, or use in any rental, hospitality, or commercial-spa setting is not authorized under these Terms and may void the manufacturer's warranty. Rate may refuse or cancel any order that we reasonably believe is for resale or commercial use. 

2. ORDER FORMATION; ORDER ACCEPTANCE; AUTHORIZED RESELLER 

2.1 Offer and Acceptance. Information on the Site, including pricing and product descriptions, is an invitation to make an offer, not an offer to sell. Your placement of an order is your offer to purchase the Product on these Terms. NO CONTRACT IS FORMED, AND RATE HAS NO OBLIGATION TO SHIP, UNTIL RATE ACCEPTS YOUR ORDER IN WRITING (TYPICALLY BY AN ORDER CONFIRMATION EMAIL INDICATING THAT YOUR ORDER HAS BEEN ACCEPTED, NOT MERELY RECEIVED). Receipt of an "order received" or similar acknowledgment does not constitute acceptance. 

2.2 Right to Refuse or Cancel. Rate reserves the right, at any time and for any reason before or after acceptance, in our sole discretion, to refuse, limit, or cancel any order, including: (a) the Product is unavailable from the manufacturer or otherwise out of stock; (b) the order appears to be fraudulent, placed by a reseller, or otherwise not for personal consumer use; (c) the order contains a pricing or descriptive error (see Section 2.5); (d) the shipping destination is outside our service area or in a jurisdiction where we cannot lawfully sell or ship the Product; (e) the manufacturer is unable or unwilling to fulfill the order; or (f) we are unable to verify your billing or shipping information. If we cancel an order after charging your payment method, we will refund the charge. 

2.3 Order Limits. Rate may, in our sole discretion, limit the quantity of any Product per customer, per household, per credit card, per shipping address, or any other method. 

2.4 Pricing and Currency. All prices are stated in U.S. dollars unless otherwise indicated. Prices are subject to change without notice; the price applicable to your order is the price stated at the time Rate accepts the order. Prices do not include sales tax, shipping charges, or any installation, electrical, plumbing, or assembly services, all of which are your responsibility (see Sections 4 and 8). 

2.5 Pricing and Descriptive Errors. The Site may occasionally contain pricing errors, descriptive inaccuracies, or omissions related to Products. Rate reserves the right to correct any such errors and to refuse or cancel any order based on incorrect information, even after the order has been accepted and payment processed. If we cancel an order under this Section, we will refund any amount charged. We are not obligated to honor any order placed at an incorrect price. 

2.6 Authorized Reseller. Rate is an authorized reseller of the Products it sells. The full manufacturer's warranty (where applicable) applies to Products purchased through Rate. For Outdoor Furniture, Rate's separate Furniture Warranty applies in lieu of any manufacturer warranty. 

2.7 No Other Representations. No statement made by any Rate employee, customer service representative, sales agent, marketing material, social media post, third-party reviewer, AI chatbot, AI assistant, automated or AI-generated response (whether or not identified as AI), or other source modifies these Terms or creates any obligation, warranty, or representation by Rate that is not expressly stated in these Terms. Product specifications, performance, dimensions, and features are as stated in the manufacturer's published materials (or, for Furniture, Rate's published materials provided by the manufacturer), which control over any other source. Rate does not independently verify manufacturer-provided specifications or safety information, and such information is provided for customer convenience without independent testing or certification by Rate. 

2.8 Promotional Codes; Discounts. From time to time, Rate may offer promotional codes, coupons, discounts, sale prices, gift cards, or similar promotional incentives (each, a “Promotion”). Each Promotion is subject to its own posted terms and to the following: (a) Promotions are valid only during the stated promotional period and expire as stated; (b) unless expressly stated otherwise, only one Promotion may be applied per order, and Promotions may not be combined or stacked with any other Promotion, coupon, discount, sale price, or financing-specific promotion (such as a 0% APR offer); (c) Promotions do not apply to taxes, shipping, freight, lift-gate, assembly, installation, or other ancillary charges; (d) Promotions cannot be applied retroactively to orders placed before the Promotion’s effective date or accepted by Rate before the Promotion was applied at checkout; (e) Promotions are not redeemable for cash, are non-transferable, and have no cash value; (f) certain Products are not eligible for Promotions, including Products subject to manufacturer minimum-advertised-price (“MAP”) restrictions, special-order, custom or made-to-order Products, gift cards, and any Products designated as ineligible on the product page, at checkout, or in the Promotion’s terms; (g) Rate may, in its sole discretion, modify, suspend, or terminate any Promotion at any time without notice; and (h) Rate may refuse, cancel, or reverse any order, or reverse any Promotion applied to an order, that Rate reasonably believes (i) was placed using a Promotion in violation of these Terms or the Promotion’s terms, (ii) involves fraud, abuse, unauthorized resale or distribution of codes, or other misuse, or (iii) is otherwise not in good faith. If a Promotion is reversed after fulfillment, you authorize Rate to charge your payment method for the difference between the discounted price you paid and the non-Promotion price. 

2.9 Employee, Friends-and-Family, and Other Restricted Discounts. Rate may make available employee discounts, friends-and-family discounts, industry or trade discounts, charitable or affiliate discounts, influencer or partner discounts, and similar restricted-eligibility discounts (each, a “Restricted Discount”). Restricted Discounts are subject to (i) these Terms, (ii) the Promotion provisions in Section 2.8, and (iii) any separate written program rules issued by Rate or its program administrator, which may include eligibility, code issuance, annual purchase limits, product exclusions, return restrictions, and confidentiality requirements (collectively, “Program Rules”). Where Program Rules conflict with Section 2.8 or this Section 2.9, the Program Rules control with respect to that Restricted Discount, except that the anti-resale, anti-abuse, and right-to-cancel provisions of these Terms cannot be expanded or waived. 

(a) Eligibility; Authorized Use. Restricted Discounts may be used only by the individual to whom the discount was extended, only during the period the individual remains eligible (for example, employee discounts apply only during active employment), and only for that individual’s personal, household, and consumer use. Eligibility automatically terminates upon end of employment, end of program participation, or any other loss of eligibility. Codes are confidential, non-transferable, and may not be sold, traded, posted publicly, shared on coupon or discount websites, or otherwise distributed without Rate’s prior written consent. 

(b) No Resale; Personal Use Only. Products purchased using a Restricted Discount may not be resold, transferred for value, or used for any commercial, rental, hospitality, spa, or other non-personal purpose. Rate may require attestation of personal use as a condition of order acceptance. 

(c) Limits; No Stacking. Unless Program Rules expressly provide otherwise, each eligible individual may use Restricted Discounts for not more than one (1) Wellness Product per calendar year and not more than $17,500 in aggregate retail value of non-Wellness Products per calendar year. Restricted Discounts may not be combined with any other Promotion, coupon, discount, sale price, financing-specific promotion, price match, or price adjustment, except as expressly permitted by the Program Rules. 

(d) Returns and Cancellations. Returns and cancellations of orders placed with a Restricted Discount, where permitted under the applicable Returns Policy (Section 5.4), are eligible for refund only of the amount actually paid (i.e., the discounted price). Restocking, freight, and other fees apply as set forth in the applicable Returns Policy and Section 5. 

(e) Misuse; Remedies. If Rate reasonably determines that a Restricted Discount has been used in violation of this Section 2.9, the applicable Program Rules, or Section 2.8(h), Rate may, in addition to any other available remedy under these Terms or applicable law: (i) cancel any pending order; (ii) reverse the discount and charge the difference between the discounted price and the non-Promotion price (which you authorize), or, where the Product has been delivered, require return of the Product or payment of the price differential; (iii) suspend or revoke the individual’s eligibility for current and future Restricted Discounts; (iv) refer the matter to Rate’s Human Resources or program administrator for separate action under applicable employment or program policies (which action is independent of these Terms); and (v) seek any other available remedy. Use of a Restricted Discount in violation of this Section 2.9 also constitutes a material breach of these Terms. 

(f) Tax Treatment; No Right to Discount. Restricted Discounts may result in taxable income or other tax consequences for the recipient. Rate does not provide tax advice, and you are responsible for any tax consequences associated with use of a Restricted Discount. Restricted Discounts are a privilege, not a right; Rate may modify, suspend, or terminate any Restricted Discount program, or any individual’s eligibility, at any time and for any reason in its sole discretion. 

3. PAYMENT; PAYMENT PROCESSING 

3.1 Accepted Payment Methods; Shopify. Rate accepts the payment methods displayed at checkout, which may include major credit and debit cards, digital wallets, and the third-party financing options described in Section 3.4. The e-commerce platform and payment processing activities on the Site are provided by Shopify Inc. Your transactions are subject to Shopify's terms and privacy practices, in addition to these Terms and Rate Policies. Rate is not a payment processor and does not store your full payment card data; payment data is handled by Shopify and the applicable card networks in compliance with PCI-DSS standards. 

3.2 When You Are Charged. You authorize Rate (and our payment processor) to charge your selected payment method for the full amount of your order, including any taxes and shipping charges, at the time you place the order. If your payment method is declined or otherwise cannot be charged, your order will not be accepted. 

3.3 Taxes. You are responsible for all applicable sales, use, excise, and similar transaction taxes on your order. Sales tax is calculated at checkout based on your shipping address and applicable tax rates and added to the order total. 

3.4 Third-Party Financing (Pay Over Time).  Rate may offer financing or pay-over-time options provided by Synchrony Bank, Affirm, or other third-party financial service providers ("Financing Provider"). Any financing arrangement is solely between you and the Financing Provider and is governed by the Financing Provider's separate terms, disclosures, and privacy policies, which you must review and accept directly with the Financing Provider. Rate is not a party to your financing agreement, does not make credit decisions, and is not responsible for the terms, fees, interest rates, billing, payment processing, dispute resolution, or any other aspect of your relationship with the Financing Provider. Approval for financing is determined solely by the Financing Provider. If you have a billing or other dispute with the Financing Provider, you must address it directly with them. 

3.5 Failed or Reversed Payments. If your payment is reversed, charged back, or otherwise not received by Rate after the Product has shipped or been delivered, Rate may, in addition to any other available remedy: (a) cancel any pending or future orders; (b) recover the Product (at your expense); (c) recover the unpaid amounts plus reasonable collection costs (including attorneys' fees) permitted by applicable law; and (d) charge a chargeback fee equal to Rate's actual costs incurred in responding to the chargeback, including bank fees and reasonable administrative costs. 

4. SHIPPING; DELIVERY; RISK OF LOSS 

4.1 Dropship Fulfillment. Products are shipped to you from the manufacturer, the manufacturer's designated warehouse, or a third-party logistics provider, depending on the Product. Rate does not maintain its own warehouse inventory and does not handle Products in transit. 

4.2 Shipping Costs. You are responsible for all shipping, freight, lift-gate, re-delivery, storage, and accessorial charges associated with your order. Rate does not offer free shipping. Shipping charges are calculated at checkout based on the Product, shipping destination, and selected delivery options. Additional charges may apply for deliveries to Alaska, Hawaii, U.S. territories, remote locations, or addresses requiring non-standard delivery services. 

4.3 Estimated Delivery Times. Estimated delivery times shown on the Site or at checkout are estimates only, are based on information from the manufacturer and the freight carrier, and are not guaranteed. Many Products are made-to-order and may have lead times of four to twelve weeks or longer. Rate is not liable for delays caused by the manufacturer, the freight carrier, weather, customs, supply-chain disruptions, or other events outside Rate's reasonable control (see Section 14.5). 

4.4 Delivery Method by Product Category; Your Responsibilities at Delivery.  

(a) Wellness Products and Accessories.  Wellness Products are typically delivered curbside via freight carrier. The freight carrier will offload the Product to a ground-level location accessible by truck (driveway, garage entry, or similar). You are required to move them from the curbside location to the final installation site, even if the Wellness Product is delivered fully assembled. You are also responsible for any installation or finishing, including securing Wellness Products to the ground or wall, anchoring against wind, weatherproofing, and compliance with any local code or homeowners’ association requirements. Accessories may ship via parcel carrier rather than freight, at Rate's or the manufacturer's discretion. 

(b) Outdoor Furniture. Outdoor Furniture is delivered via freight carrier or parcel carrier, depending on the Product. Furniture deliveries may include curbside drop-off, threshold delivery, in-room delivery, or partial assembly, depending on the Product and the delivery option selected at checkout. Where assembly is included, it is performed by Rate, by Rate's authorized delivery team and assembler, or by the manufacturer's delivery team or a third-party logistics provider engaged by the manufacturer. The delivery team's responsibilities are limited to those described at checkout and on the order confirmation. You are responsible for any installation or finishing not described at checkout, including securing furniture to the ground or wall, anchoring against wind, weatherproofing, and any local code or homeowners’ association compliance. 

(c) Furniture Inspection at Assembly or In-Room Delivery. For Furniture deliveries that include in-room delivery or assembly by the delivery team, the delivery team will visually inspect the Product as part of unpacking; any visible damage discovered at that time should be noted on the bill of lading or delivery receipt and photographed. The 48-hour notification requirement in Section 4.7(b) applies to any concealed damage discovered after the delivery team's departure. 

(d) All Products. For all Products, you are responsible for: (i) being present, or arranging for an adult age 18 or older to be present, at the scheduled delivery time to receive and sign for the Product; (ii) inspecting the Product at delivery in accordance with Section 4.7; (iii) providing accurate access information and confirming that the delivery address can accommodate a freight truck (and a tilt-tow or lift-gate if required by the size of the crate or unit); (iv) where applicable having helpers and any equipment necessary to move the Product from the curbside or drop-off location to the final location, including any required dolly, tilt-tow rental, or labor; and (v) any reasonable additional carrier fees that result from your unavailability, refusal, address change, missed appointments, or storage at the carrier's terminal. 

4.5 Refused Shipments. If you refuse a shipment for any reason other than visible damage noted on the bill of lading or a confirmed shipping error by Rate, you will be responsible for the original shipping costs, return freight, and any restocking, re-consignment, or other fees imposed by the manufacturer or freight carrier. The refused shipment will be treated as a return under Section 5 (subject to that Section's restrictions). 

4.6 Title; Risk of Loss. Title to the Product passes to you upon your acceptance of delivery from the freight carrier or parcel carrier or assembly team, as applicable. Risk of loss for damage in transit remains with Rate's supplier (the manufacturer or other shipper) until your acceptance of delivery, subject to your obligations to inspect and document damage under Section 4.7. After delivery, you bear the risk of loss, including for damage that occurs during your handling, moving, storage, assembly, installation, or use of the Product. 

4.7 Damaged or Missing Items at Delivery. IMPORTANT — READ THIS SECTION CAREFULLY. Products often ship in multiple boxes or on a pallet via freight carrier. Damage in transit, although uncommon, does occur. To preserve your right to a remedy for transit damage, you must do all of the following: 

(a) At delivery: Carefully inspect all packaging in the freight carrier's or delivery team's presence, before signing. Note any visible damage (dents, tears, crushed corners, punctures, missing items) on the bill of lading or delivery receipt before signing. If the damage is severe, you may refuse the shipment and contact Rate immediately. DO NOT ACCEPT AND SIGN FOR A DAMAGED SHIPMENT WITHOUT NOTING THE DAMAGE ON THE BILL OF LADING. 

(b) Within the applicable concealed-damage window: Photograph the packaging and the Product (including any concealed damage discovered after opening the boxes), and notify Rate at the email address in Section 16, providing your order number, photographs, and a description of the damage or shortage. The applicable concealed-damage window is 48 hours from delivery. The applicable window for a specific Outdoor Furniture Product, if different from the 48-hour default, is disclosed on the product page or in the order confirmation. 

(c) Preserve all packaging: Except where the delivery has included assembly, keep all original packaging and the Product in the condition received until Rate confirms how to proceed. 

4.8 Effect of Failure to Inspect. IF YOU SIGN FOR A SHIPMENT WITHOUT NOTING VISIBLE DAMAGE ON THE BILL OF LADING, OR IF YOU FAIL TO NOTIFY RATE OF ANY DAMAGE OR SHORTAGE WITHIN THE APPLICABLE WINDOW IN SECTION 4.7(B), YOU ACCEPT THE PRODUCT AS DELIVERED, AND RATE'S LIABILITY FOR TRANSIT DAMAGE IS LIMITED TO WHATEVER RECOVERY, IF ANY, IS AVAILABLE FROM THE MANUFACTURER OR THE FREIGHT CARRIER (WHICH MAY BE NONE). THIS SECTION DOES NOT LIMIT YOUR RIGHTS UNDER THE MANUFACTURER'S PRODUCT WARRANTY OR RATE'S FURNITURE WARRANTY (SECTION 6) OR ANY NON-WAIVABLE CONSUMER RIGHTS UNDER APPLICABLE LAW. 

4.9 Remedy for Confirmed Transit Damage. If you have complied with Section 4.7 and Rate confirms transit damage with the manufacturer and freight carrier, Rate will, at Rate's option (and subject to the manufacturer's and carrier's policies), arrange for: (a) repair; (b) replacement of damaged components; (c) replacement of the Product; or (d) refund of the purchase price upon return of the Product. Determination of remedy is made in coordination with the manufacturer and freight carrier and may take 14–30 days. 

5. CANCELLATIONS, RETURNS, AND EXCHANGES 

ALL SALES ARE FINAL ONCE A PRODUCT HAS SHIPPED, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4 (TRANSIT DAMAGE), THE APPLICABLE RETURNS POLICY UNDER SECTION 5.4, OR THE APPLICABLE WARRANTY UNDER SECTION 6. 

5.1 Cancellation Before Order Acceptance. Provided Rate is permitted to cancel the corresponding order with the manufacturer, you may cancel your order at any time before Rate accepts the order (see Section 2.1) by contacting Rate at the email address in Section 16 and Rate will cancel the order request and refund any amount charged. 

5.2 Cancellation After Acceptance, Before Shipment. After Rate has accepted the order but before the Product has shipped, cancellation may not be available, depending on the manufacturer's then-current policy. Where cancellation is available, a cancellation fee of up to 25% of the Product price (plus any non-refundable payment processing fees) may apply, reflecting the manufacturer's processing and re-stocking costs. Rate will inform you of the applicable fee at the time you request cancellation. 

5.3 Cancellation After Shipment (Default). ONCE A PRODUCT HAS SHIPPED FROM THE MANUFACTURER'S FACILITY OR OTHER DISPATCH POINT, ALL SALES ARE FINAL, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4 (TRANSIT DAMAGE), THE APPLICABLE RETURNS POLICY UNDER SECTION 5.4, OR THE APPLICABLE WARRANTY UNDER SECTION 6. RATE DOES NOT ACCEPT RETURNS, EXCHANGES, OR REFUNDS FOR CHANGE OF MIND, BUYER'S REMORSE, FIT OR AESTHETIC CONCERNS, ANY ASSEMBLY OR MOVING REQUIREMENTS (INCLUDING BUT NOT LIMITED TO SIZE, WEIGHT, FOOTPRINT, ELECTRICAL OR PLUMBING REQUIREMENTS, OR YOUR INABILITY TO MOVE THE PRODUCT TO ITS INSTALLATION SITE), OR ANY OTHER REASON NOT EXPRESSLY COVERED ABOVE. HOWEVER, A RETURN MAY BE PERMITTED UNDER THE APPLICABLE RETURNS POLICY IN SECTION 5.4 OR UNDER THE APPLICABLE WARRANTY IN SECTION 6. 

5.4 Returns Policies. Returns and exchanges, where available, are governed by Rate's separate Returns Policies, which are posted on the Site and incorporated into these Terms by reference: 

(a) Wellness Products and Accessories Returns Policy, which governs cancellations, returns, exchanges, and refunds for Wellness Products and Accessories; and 

(b) Furniture Returns Policy, which governs cancellations, returns, exchanges, and refunds for Outdoor Furniture. 

The applicable Returns Policy controls over the default posture in Section 5.3 with respect to returns and exchanges. Rate may update either Returns Policy from time to time, and the Returns Policy in effect at the time of your order applies to that order. 

5.5 Custom or Made-to-Order Products. Custom, made-to-order, or special-order Products (which include many Wellness Products handcrafted to order and Furniture products with custom fabric or layout or design) may not be cancelled after Rate or the manufacturer has accepted the order, and are not eligible for return or exchange under any circumstances except confirmed transit damage (Section 4.7) or a valid warranty claim (Section 6). The product page will indicate whether a Product is custom or made-to-order. 

5.6 Defective Products. Defective Products are addressed exclusively under the applicable warranty (Section 6), not under this Section 5. 

6. PRODUCT WARRANTY 

6A. WELLNESS PRODUCTS AND ACCESSORIES — MANUFACTURER WARRANTY 

6A.1 Manufacturer Is Sole Warrantor; Warranty Reference Document. Wellness Products and Accessories are covered exclusively by the manufacturer's written limited warranty (where the manufacturer offers one). RATE IS A RESELLER AND NOT A MANUFACTURER AND IS NOT THE WARRANTOR OF WELLNESS PRODUCTS OR ACCESSORIES. RATE MAKES NO WARRANTY OF ITS OWN — EXPRESS, IMPLIED, OR STATUTORY — WITH RESPECT TO ANY WELLNESS PRODUCT OR ACCESSORY, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY NON-WAIVABLE APPLICABLE LAW. The Rate Outdoors Wellness Products and Accessories Warranty Reference (the "Warranty Reference"), posted on the Site and incorporated into these Terms by reference, summarizes how manufacturer warranties work, where to find them, and how to make a claim. Please review the Warranty Reference before placing your order [HERE - WELLNESS PRODUCT WARRANTY LINK]. The Warranty Reference in effect at the time of your order applies to that order. The manufacturer's actual warranty terms control over both these Terms and the Warranty Reference. For Outdoor Furniture, Rate's separate Furniture Warranty applies in lieu of any manufacturer warranty (see Section 6B). 

6A.2 Connected and Smart Wellness Products. Some Wellness Products include connected, smart, or app-enabled features (such as Wi-Fi connectivity, app-based controls, remote heater operation, or scheduling). Use of these features is subject to the manufacturer's separate terms of service, end-user license agreement, and privacy policy, which you must accept directly with the manufacturer. Rate is not a party to those manufacturer terms and is not responsible for the connected services, including any malfunction, security incident, discontinuation, change in functionality, or use of your data by the manufacturer. IF A PRODUCT INCLUDES A REMOTE-START OR SIMILAR FEATURE, YOU MUST ENSURE THE HEATER AND SURROUNDING AREA ARE CLEAR OF FLAMMABLE OR COMBUSTIBLE MATERIALS BEFORE ACTIVATING REMOTELY. YOU ARE SOLELY RESPONSIBLE FOR SAFE OPERATION OF ANY CONNECTED FEATURE. 

6A.3 Disclaimer of Implied Warranties for Wellness Products and Accessories. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RATE DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO WELLNESS PRODUCTS AND ACCESSORIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL; TO THE EXTENT ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THAT IMPLIED WARRANTY IS LIMITED IN DURATION TO THE DURATION OF THE MANUFACTURER'S EXPRESS WRITTEN WARRANTY FOR THE APPLICABLE WELLNESS PRODUCT OR ACCESSORY, OR THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, WHICHEVER IS LONGER. 

6A.4 Recalls — Wellness Products and Accessories. If a Wellness Product or Accessory is subject to a recall, withdrawal, or field correction by the manufacturer or any government authority (including the U.S. Consumer Product Safety Commission), Rate or the manufacturer will comply with applicable law governing recalls, including providing notice as required under applicable consumer product safety laws to affected Customers using the contact information provided at order placement and to facilitate the manufacturer's recall remedy. The recall remedy itself (repair, replacement, refund, or other action) is determined by the manufacturer or the responsible authority. Rate is not responsible for performing the recall remedy or for any costs the manufacturer or authority does not cover, except as required by applicable law. 

6A.5 Exclusive Remedy for Product Defects. To the fullest extent permitted by applicable law, claims arising from alleged defects in Wellness Products or Accessories, including claims for personal injury or property damage, must be directed to the manufacturer in accordance with the manufacturer's procedures and warranty terms. 

6B. OUTDOOR FURNITURE — RATE OUTDOOR FURNITURE LIMITED WARRANTY 

6B.1 Limited Warranty Designation. Outdoor Furniture purchased from Rate is covered by the Rate Outdoors Outdoor Furniture Limited Warranty (the "Furniture Warranty"), a "Limited Warranty" within the meaning of the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.), which is posted on the Site and incorporated into these Terms by reference. The Furniture Warranty is the sole warranty applicable to Outdoor Furniture and applies in lieu of any manufacturer warranty. 

6B.2 Where to Find the Furniture Warranty. The current Rate Outdoors Furniture Warranty is available on the Site, on the product page for each Outdoor Furniture Product, and is provided in the order confirmation email. Please review the Furniture Warranty before placing your order here. The Furniture Warranty in effect at the time of your order applies to that order. 

6B.3 Recalls — Outdoor Furniture. If Outdoor Furniture is subject to a recall, withdrawal, or field correction by Rate, the manufacturer, or any government authority (including the U.S. Consumer Product Safety Commission), Rate will use commercially reasonable efforts to notify affected Customers using the contact information provided at order placement, and Rate (in coordination with the manufacturer or responsible authority) will determine and provide the applicable recall remedy in accordance with the Furniture Warranty and applicable law. 

6C. PRODUCT LIABILITY ALLOCATION; MANUFACTURER RESPONSIBILITY 

6C.1 Manufacturer Design and Warning Responsibility. Rate does not design, manufacture, test, or label any Products. The design, manufacture, warnings, instructions, and safety compliance of such Products are solely the responsibility of the manufacturer. 

6C.2 Reliance on Manufacturer Information. Rate relies on specifications, warnings, and safety information provided by the manufacturer and does not independently test Products for safety or performance. 

6C.3 Upstream Indemnity (Pass-Through). To the fullest extent permitted by applicable law, Rate shall be entitled to the benefit of any indemnity, defense, and hold-harmless obligations provided by the manufacturer with respect to any claim alleging a defect in a Product, including claims for personal injury, property damage, or failure to warn. Customer agrees that Rate may assign or tender such claims to the manufacturer. 

6C.4 No Alteration. Rate does not alter, repackage, or modify Products. Any claims based on an alleged alteration after manufacture must be directed to the party responsible for such alteration. 

7. PRODUCT SAFETY; HEALTH ACKNOWLEDGMENT 

7.1 Wellness Product Safety. Saunas are heated enclosures involving electrical, and in some cases water-based, components. Plunge pools, cold plunges, and outdoor showers involve water, electrical components, and the risk of cold-water immersion. Improper installation or use of any Wellness Product can result in fire, electric shock, burns, scalding, hypothermia, slip-and-fall, drowning, heat-related illness, cold-related illness, property damage, or death. Before installation and use of any Wellness Product, you must carefully read and follow all manufacturer-provided installation instructions, electrical and code requirements, owner's manuals, and safety warnings. Rate does not provide engineering, electrical, plumbing, or safety advice and disclaims any duty to do so. 

7.2 Health Acknowledgment (Wellness Products). USE OF SAUNAS, PLUNGE POOLS, AND SIMILAR WELLNESS PRODUCTS INVOLVES ELEVATED OR REDUCED TEMPERATURES AND IS NOT APPROPRIATE FOR EVERYONE. CONSULT A LICENSED PHYSICIAN BEFORE USE IF YOU (A) ARE PREGNANT; (B) HAVE A HEART CONDITION, INCLUDING BUT NOT LIMITED TO CORONARY ARTERY DISEASE, ARRHYTHMIA, CONGESTIVE HEART FAILURE, PRIOR HEART ATTACK, OR ANY CARDIOVASCULAR CONDITION; (C) HAVE HIGH OR LOW BLOOD PRESSURE, CIRCULATORY PROBLEMS, OR DIABETES; (D) TAKE MEDICATIONS (INCLUDING PRESCRIPTION, OVER-THE-COUNTER, DIURETICS, OR STIMULANTS); (E) HAVE ANY OTHER MEDICAL CONDITION THAT MAY BE AFFECTED BY HEAT, COLD, OR EXPOSURE TO WATER; (F) HAVE ANY OPEN WOUNDS; OR (G) ARE CONSIDERING USE BY A MINOR. CHILDREN, THE ELDERLY, AND PERSONS WITH HEALTH CONDITIONS SHOULD USE WELLNESS PRODUCTS ONLY UNDER MEDICAL SUPERVISION AND AT LOWER TEMPERATURES, LOWER EXPOSURE TIMES, AND SHORTER DURATIONS THAN OTHERWISE. DO NOT USE A WELLNESS PRODUCT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. 

7.3 Outdoor Furniture Safety. Outdoor Furniture is intended for residential outdoor or indoor use; improper assembly or use can result in injury, property damage, or product failure. Before assembly and use of any Outdoor Furniture, you must carefully read and follow all manufacturer- and Rate-provided assembly instructions, weight limits, care instructions, and safety warnings. Pay particular attention to weight limits on chairs, swings, and similar items; secure freestanding items against high winds and weather; and follow care instructions to preserve fabric, finishes, and structural integrity. 

7.4 Assumption of Risk. BY PURCHASING A PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE WARNINGS AND INSTRUCTIONS REFERENCED IN THIS SECTION 7 AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH THE INSTALLATION, ASSEMBLY, USE, AND MAINTENANCE OF THE PRODUCT, EXCEPT TO THE EXTENT CAUSED BY A MATERIAL DEFECT IN THE PRODUCT ITSELF FOR WHICH THE MANUFACTURER IS RESPONSIBLE, OR RATE IS RESPONSIBLE UNDER THE APPLICABLE FURNITURE WARRANTY (SECTION 6) (AS APPLICABLE), OR FOR WHICH RATE IS LIABLE UNDER NON-WAIVABLE CONSUMER PROTECTION LAWS. 

7.5 California Proposition 65. Some Products may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Where applicable, the manufacturer's Proposition 65 warning is provided on the product page. For more information, see www.P65Warnings.ca.gov. 

7.6 Acknowledgment of Safety Instructions as Condition of Use. By installing or using any Product, Customer represents that Customer has reviewed and understands all manufacturer-provided warnings and instructions and will ensure that all users of the Product do the same. 

8. INSTALLATION; ASSEMBLY; CUSTOMER RESPONSIBILITY 

8.1 Wellness Products — Installation Is Customer's Responsibility. INSTALLATION OF WELLNESS PRODUCTS IS NOT INCLUDED IN THE PURCHASE PRICE AND IS NOT PERFORMED BY RATE. RATE DOES NOT PERFORM, SUPERVISE, CONTRACT FOR, OR WARRANT INSTALLATION OF ANY WELLNESS PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR THE INSTALLATION OF ANY WELLNESS PRODUCT, INCLUDING ALL COSTS, SERVICES, PERMITS, INSPECTIONS, CODE COMPLIANCE, AND ENGAGEMENT OF QUALIFIED, LICENSED TRADESPEOPLE (ELECTRICIAN, PLUMBER, OR OTHER TRADESPERSON) WHERE REQUIRED BY THE MANUFACTURER'S INSTRUCTIONS OR APPLICABLE CODE. IMPROPER INSTALLATION CONSTITUTES MISUSE OF THE PRODUCT AND MAY CAUSE SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. RATE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR INJURY ARISING FROM IMPROPER INSTALLATION, INCLUDING FAILURE TO COMPLY WITH MANUFACTURER SPECIFICATIONS OR APPLICABLE CODES. 

8.2 Wellness Products — Use of Licensed Tradespeople. WELLNESS PRODUCTS TYPICALLY REQUIRE INSTALLATION BY A LICENSED ELECTRICIAN (AND, FOR CERTAIN MODELS, A LICENSED PLUMBER). FAILURE TO USE LICENSED TRADESPEOPLE MAY VOID THE MANUFACTURER'S WARRANTY (SECTION 6A), VIOLATE LOCAL BUILDING OR ELECTRICAL CODE, CREATE A SERIOUS SAFETY HAZARD, AND SUBJECT YOU TO LIABILITY FOR ANY RESULTING DAMAGE OR INJURY. 

8.3 Wellness Products — Site Preparation; Code Compliance; Permits. For Wellness Products, you are responsible for: (a) site preparation (including a level, properly supported foundation or platform, adequate ventilation, drainage, and clearance from combustible materials per the manufacturer's specifications); (b) confirming that installation will comply with the National Electrical Code and all applicable state and local building, electrical, plumbing, and zoning codes, ordinances, and homeowners' association (HOA) rules; (c) obtaining all required permits and inspections; and (d) confirming with your homeowner's insurer that the Product, installation, and use are covered under your policy. 

8.4 Outdoor Furniture — Assembly. Some Outdoor Furniture is delivered fully assembled or with assembly performed by Rate, Rate's authorized assembler, or the manufacturer's delivery team as part of the delivery service. Where assembly is included with delivery, the scope of that assembly is described at checkout and on the order confirmation. Where Outdoor Furniture is delivered unassembled or with only partial assembly, you are responsible for completing assembly in accordance with the manufacturer's and Rate's assembly instructions. You are responsible for any installation steps not described as included with delivery, including securing furniture to the ground or wall, anchoring against wind, weatherproofing, applying finishes (where applicable), and any local code or homeowners’ association compliance. 

8.5 Third-Party Installer or Assembler Referrals. The Site or order materials may include links or references to third-party services, platforms, or installer directories (for example, TaskRabbit, Angi, or similar) for finding tradespeople or assemblers. These third-party services are independent of Rate. Rate does not endorse, recommend, or warrant any tradesperson or assembler found through such services, does not vet credentials or qualifications, and is not responsible for the work, conduct, pricing, performance, or any act or omission of any third-party tradesperson or assembler, regardless of how that tradesperson was identified. Your engagement of any tradesperson or assembler is a contract between you and the platform and the tradesperson or assembler; Rate is not a party to that contract and has no liability. 

8.6 Independent Contractors. Any installer or tradesperson engaged by Customer is an independent contractor and not an agent of Rate. Rate has no control over and assumes no responsibility for their work. 

9. PRIVACY 

Rate's collection, use, and disclosure of your personal information is governed by Rate's Privacy Policy, available on the Site, which is incorporated into these Terms by reference. To fulfill your order, Rate shares relevant information with the manufacturer of the Product (including your name, shipping address, and contact information) and with payment processors and freight carriers. Rate may also share your personal information with its affiliates and use it for marketing and other purposes as described in Rate's Privacy Policy. The terms of Rate's Privacy Policy control with respect to data collection, use, and sharing. 

10. CONSUMER DISCLOSURES 

10.1 California Civil Code Section 1789.3. California users of the Site are entitled to the following notice of their consumer rights: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. 

10.2 Non-Waivable State Consumer Rights. Nothing in these Terms is intended to waive any right that cannot be waived under applicable consumer protection law, including statutes such as the California Consumers Legal Remedies Act, New York General Business Law § 349, the Massachusetts Consumer Protection Act (M.G.L. c. 93A), the Magnuson-Moss Warranty Act, and similar laws of other states. Where any provision of these Terms is restricted or unenforceable by applicable consumer protection law, that provision is modified only to the minimum extent required by such law, and the remainder of these Terms remains in effect. 

11. LIMITATION OF LIABILITY 

11.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RATE, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "RATE PARTIES") BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO YOUR PURCHASE OR USE OF ANY PRODUCT, REGARDLESS OF THE LEGAL THEORY AND EVEN IF RATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

11.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE RATE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PRODUCT PURCHASED FROM RATE, REGARDLESS OF LEGAL THEORY, WILL NOT EXCEED THE AMOUNT YOU PAID TO RATE FOR THE PRODUCT GIVING RISE TO THE CLAIM. 

11.3 Exclusions from Limitation. Sections 11.1 and 11.2 do not limit liability for: (a) death or personal injury caused by Rate's negligence (which is not waivable in most U.S. states); (b) Rate's gross negligence, fraud, or willful misconduct; (c) Rate's obligation to refund amounts charged for orders that are cancelled or rejected; or (d) any liability that cannot be limited or excluded under applicable law. 

11.4 State Variations. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations in Section 11.1 may not apply to you in full. Where any limitation in this Section 11 is held unenforceable, it will be modified to the minimum extent required and the remainder will remain in effect. 

11.5 Product Liability Claims. Nothing in this Section is intended to disclaim or limit liability that cannot be disclaimed under applicable product liability law, including strict liability for defective products causing personal injury. The limitations in this Section apply only to the extent permitted by applicable law. 

12. INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless the Rate Parties from and against any claim, action, or proceeding (including any third-party claim), and any resulting damages, liabilities, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your installation, assembly, use, modification, or maintenance of any Product in a manner inconsistent with the manufacturer's instructions or applicable law (including by tradespeople or assemblers you engage); (b) your breach of these Terms; (c) your violation of applicable law in connection with any Product; (d) your negligence or willful misconduct. Rate will give you reasonable notice of any claim subject to indemnification, may participate in the defense at its expense, and may at its option assume control of the defense and settlement of any such claim. 

13. MODIFICATIONS TO THESE TERMS 

Rate may modify these Terms from time to time by posting the updated Terms on the Site with a new "Effective Date." Your purchase is governed by the version of these Terms in effect at the time you place your order; subsequent modifications do not retroactively change the terms applicable to a completed transaction (except as required by law). 

14. GENERAL 

14.1 Entire Agreement. These Terms, together with any Product-Specific Terms (Section 1.2), Rate Policies, and the manufacturer's warranty and other materials referenced herein, constitute the entire agreement between you and Rate regarding your purchase and supersede any prior or contemporaneous communication. 

14.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent required to make it enforceable, or if not possible, severed; the remainder will remain in full effect. Section 15.9 (severability of waivers) contains a special severability rule that controls over this Section. 

14.3 No Waiver. Rate's failure to enforce any provision of these Terms is not a waiver of that or any other provision. 

14.4 Assignment. You may not assign these Terms without Rate's prior written consent. These Terms (and any warranty under Section 6) are personal to you as the original purchaser and do not extend to any subsequent owner or transferee, except as expressly provided in the applicable manufacturer warranty or in the Furniture Warranty. Rate may assign these Terms without notice or consent in connection with a merger, acquisition, sale of assets, or change of control, or to any affiliate. 

14.5 Force Majeure. Rate is not liable for any failure or delay in performance (other than refund obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, governmental orders, strikes, fires, floods, supply-chain disruptions, raw-material shortages, tariffs, freight-cost increases, or carrier delays. 

14.6 Survival. Sections 6, 7, 9, 10, 11, 12, 13, 14, 15, and 16 survive any termination of these Terms or completion of a transaction. 

14.7 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms. 

15. GOVERNING LAW; VENUE; DISPUTE RESOLUTION 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT DISPUTES BETWEEN YOU AND RATE BE RESOLVED IN TEXAS STATE COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. 

15.1 Governing Law. This Agreement and any dispute, claim, or controversy arising out of or related to this Agreement or any Product are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

15.2 Informal Resolution. Before commencing any action, the parties shall attempt in good faith to resolve any dispute arising out of or related to this Agreement or any Product by written notice to the other party describing the claim, followed by a thirty (30) day informal resolution period. This requirement does not apply to a request for injunctive or other equitable relief. 

15.3 Exclusive Venue in Texas State Court. Any action, claim, suit, or proceeding arising out of or related to this Agreement or any Product shall be brought exclusively in the state courts of the State of Texas sitting in Dallas County, Texas, and the parties irrevocably submit to the exclusive personal jurisdiction and venue of those courts. Each party waives any objection to such jurisdiction or venue, including any objection based on the doctrine of forum non conveniens. Each party further waives any right to remove any action commenced in those state courts to any federal court, agrees not to seek such removal, and, if any such action is removed, agrees to consent to its remand to the originating state court. 

15.4 Waiver of Jury Trial. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCT. EACH PARTY CONFIRMS THAT THIS WAIVER IS GIVEN AFTER OPPORTUNITY TO CONSULT WITH COUNSEL AND IS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT. 

15.5 Class Action Waiver. To the fullest extent permitted by law, each party waives any right to participate in any class, collective, mass, consolidated, or representative action arising out of or related to this Agreement or any Product, and any such claim shall be brought solely on an individual basis. 

15.6 Equitable Relief; Small Claims Carve-Out. Notwithstanding Section 15.3, either party may (a) seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or trade secrets, and (b) bring an individual claim qualifying for that court’s jurisdiction in small claims court. 

15.7 Service of Process. Each party consents to service of process by certified mail, return receipt requested, addressed to the party at the address most recently provided in writing, in addition to any method permitted by applicable law. 

15.8 Time to Bring Claims. Any claim or cause of action arising out of or related to this Agreement or any Product must be commenced within one (1) year after the cause of action accrues, or, if applicable law requires a longer minimum period for the claim in question, within the shortest period permitted by applicable law. After the applicable period, the claim is permanently barred. 

15.9 Severability of Waivers. If the class-action waiver in Section 15.5 is finally held unenforceable as to any claim, that claim shall be severed and resolved in court without prejudice to the enforceability of the remaining provisions of this Section 15 with respect to all other claims. 

16. CONTACT 

Notices to Rate under these Terms (including informal-resolution notices under Section 15.2) should be sent in writing by email. For order, shipping, and customer service inquiries, please contact us using the channels below: 

Customer Service 

Customer Service Phone: 773-435-7596 

Customer Service Email: support@rateoutdoors.com 

Legal Notices 

Email: legal@rate.com 

Mailing Address (for legal process only):  

Rate Outdoors LLC .

3940 N. Ravenswood Ave. 

Chicago, IL 60613 

ATTN: General Counsel  

 — END OF TERMS OF SALE —